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Food Stock Managers

Started by beentheredoneit, 01-10-19, 08:04PM

Previous topic - Next topic

Mildew

They’re the berks who provide the responses to the grievances.

lucgeo

Their silence, or evasiveness, in response to your numerous communications and grievances Mildew, would suggest to me they are trawling through every legal loophole.  I believe the phrase "soft structure" to be unique to Tesco, and realise it's not going to kid those that are more savvy There are a few of you that have indicated on this site, that you're not "soft in the head!" Good luck to you all.

I recently had an ongoing complaint with a company, who ignored my emails...I found out the email address of the CEO and sent him an email "IGNORING ME IS NOT AN OPTION...I WILL NOT GO AWAY!!" Everything resolved within two weeks. Maybe you should send big Dave one in a similar vein ???
Live for today. Learn from yesterday.

Mildew

Appreciated lucgeo. If there is nothing substantial revealed this week, I will be upping my communication to them in slightly different terms than has so far been the case.

NightAndDay

To add to this I would seek legal contingencies, Tesco are in breach of their own consultation deadlines, they have this process in the first place to conform to the governments laid out redundancy process. If they sufficiently scuff up the process they could be liable to be sued for unfair dismissal, I'm not a legal expert but I would think it critical to seek external legal guidance from the CAB, ACAS or an employment law solicitor.

Mildew

I’m not sure they can be held to any as the process is entirely informal. A completely cynical ploy to avoid legal contest.

NightAndDay

#330
What is Tescos basis for defining this as informal? Are we also to take it that there is such a thing as informal redundancy scenarios and that they have less legal remits than a "formal redundancy situation", To schedule consultations would suggest this to be in fact a formal process, the informal labelling sounds like Tesco Value snake oil. This is why I suggested external legal guidance (not through USDAW).

Mildew

The snake oil part I totally agree with. My employment solicitor doesn’t seem to think up to this point they haven’t done anything illegal, but their practices are highly suspect .

NightAndDay

Is your employment solicitor a USDAW provided one or an independent, USDAW can't be trusted to provide unbiased advice due to the partnership agreement (i.e, they're in Tescos back pocket.)

Mildew

My own. I wouldn’t touch USDAW with a barge pole.

Redshoes

Quote from: kaled78 on 01-03-20, 11:29AM
Quote from: Wirey2020 on 01-03-20, 10:53AM
Cases are referred to the employment relations person (unsure who it is) it then goes from there...I don’t think it’s related but apparently week 3 will herald the arrival of the next informal structure change!!🙄
yes I heard that too,new heatmaps from week 3,which must be put right 100%,managers have had training for moving peoples hours around the business,if a department falls below a set amount of hours or headcount,then a manager for that specific role will no longer exist and someone else will inherit that dept as well for no extra ££

I have heard that too. During soft structure change if a decision can't be made locally it is escalated up the line. Everything is looked at. Have reasonable alternatives been offerered etc then decision made about redundancy on a case by case basis. Nobody really knows what will happen. If procedure not followed, if no reasonable alternatives, if reasonable but turned down etc. It's all case by case, but heat map is due so that may move things along one way or another.

beentheredoneit

Had my first 1 to 1 to discuss available alternative positions (after store visit from the people partner). Nothing suitable.
Having these meetings every 2 weeks
No idea of the purpose of this and not told where this will lead
Told I may be in breach of contract if I do not accept a position in another store.
Certainly not helping my stress and anxiety .......
beentheredoneit

Me2015

What part of your contract are you in breach off? Did they say this to you

An offer of alternative employment, legally, must be provided to prevent job losses, however the legal ‘test’ is the ‘suitability’ of that alternative; does it broadly match your current working pattern, pay and status in the store, will your personal circumstances such as health and family be impacted by such a change, if there is any major differences, it’s not suitable, to you! 

This needs to be completed on a case by case basis, and not one fit for all, so I’d be challenging their ‘breach of contract’ BS statement

Mildew

Any position needs to be suitable to you too, not just take it because it’s there. Don’t be bullied.

Redshoes

It's all in the job title. Line managers are line manager in the same way as customer assistants are customer assistants. A CA can be matched to another role in a different dept and so can a line manager. Then it's hours, availability. This is also the same as a ca will face. Same as health and anything else.
You may know more about stock control than you do about another dept but if you have learned stock control it may be reasonable to assume you can learn about another dept. You will still do schedules, you will still book holidays, you will still book overtime, sign exception, you will still be duty manager etc so it could be that enough of the role does not change.
If your new job role requires you to work different hours I was unaware of managers having set shifts. I thought they were all on a rota, even with children or outside of work commitments. Having a set day or days off is different. That will be dependant of if the store can occomodate this but if they have done so previously they can probably continue unless it has become an issue. If it is an issue this just needs to be discussed, in effect managed.

Mildew

And when the cost of travel has significant impact on your life ? That certainly is not suitable.

Redshoes

Yes, agree about travel and impact that will have but a manager can not be different to a ca. They just can't say "no, I just don't want to move" and for them to end up in a much reduced role but to drift along on same pay. If offered alternatives that have been turned down in store or outside it has to be a case by case decision. To be fair and balanced I don't see what's wrong with this going outside of store.
I have seen comments from CA's about managers with two colleagues. In the past this has been allowed to happen. The company is now saying we can't afford it. We can't afford to pay anyone to do a job that has been removed, this stands for all levels. It's a matter of how it's handled and process.

Mildew

And strangely in October I was categorically told I would NOT have to take any vacancy as the process is informal. This was duly recorded.

londoner83

To bring any claim in Law will depends on individual circumstances as to what is reasonable or not....

- travelling a extra 10miles to work may be reasonable if you drive but not if you rely on patchy public transport or need to pick children up from childcare after your shift.
- most manager roles in store  have some degree of common task, yet if ill health prevents you constantly replenishing it may be unreasonable for you to pick up a trading role.

At the end of the day to succeed in any claim you would have to show why multiple offers are all unsuitable whereas Tesco would try to show that as retail changes they have offered you multiple positions which you have chosen to refuse.

Mildew

Kind of moot when you've been told you will not have to take a vacancy by your SM

beentheredoneit

Earlier contract bit not right.
Creating a paper trail for when the decision moves up the ladder - but no idea when this will be.
beentheredoneit

Mildew

Indeed. I checked again.

NightAndDay

#346
Quote from: londoner83 on 03-03-20, 09:09AM
To bring any claim in Law will depends on individual circumstances as to what is reasonable or not....

- travelling a extra 10miles to work may be reasonable if you drive but not if you rely on patchy public transport or need to pick children up from childcare after your shift.
- most manager roles in store  have some degree of common task, yet if ill health prevents you constantly replenishing it may be unreasonable for you to pick up a trading role.

At the end of the day to succeed in any claim you would have to show why multiple offers are all unsuitable whereas Tesco would try to show that as retail changes they have offered you multiple positions which you have chosen to refuse.

I'd say it's quite easy to prove that travelling an extra 10 miles is unreasonable when you factor in fuel and maintenance costs of vehicle and loss of time spent travelling.

An extra 10 miles there and back a day is 100 miles every work week.

Mildew

A paper trail for an informal process. You couldn’t write it. Good luck all however you decide to approach it. I know what I’m doing .

Wirey2020

They took notes during my “informals” I believe mine has been referred to the office!!

Wirey2020

Anyone expressly informed to be out of the informal stage as yet?

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