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Very Little Helps => Union matters. => Topic started by: BurkeDodgers on 06-10-18, 11:19AM

Title: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 06-10-18, 11:19AM
I'm on a flexi contract and was asked to do a shift but it was less than 24 hours notice so I was entitled to refuse it. I have then been marked as having refused a shift later in the day even though I was never asked to do it. When I brought this up with the team support they said because I'd said I couldn't work that day then I've refused all the shifts, I believe only refused no to the shift never mentioned the whole day. If I had been asked to do the later shift I would have done it due to contractual obligations but I was never given that opportunity. Can I really be marked as refusing to do a shift I was never offered?
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lucgeo on 06-10-18, 12:02PM
Long and short of it....NO!!

Without 24 hours notice, then what was the emergency for the first shift??

Not being asked to do later shift, then marked as refusal??

Speak to your rep, and ask them to clarify the reasoning from the team support, and ask for the marked refusal to be removed, due to insufficient notice to first, and non request to the second.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 06-10-18, 12:20PM
Thank you for your reply. As far as I know it wasn't an emergency shift. 24 hours notice has almost become the norm in store for filling shifts.

Is it possible for me to ask them to stop contacting me on Facebook messenger to arrange shifts when I'm at home and only arrange them while I'm in store during my working hours?
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lucgeo on 06-10-18, 12:43PM
Err....yes!!

Have you given them permission to contact you this way?? Have you given them permission to contact you at all when not in work??

They should be sitting down with you every four weeks, in advance, to arrange your shifts. So for them to keep asking less than 24 hours in advance is unacceptable, as is contacting you outside of work. Do not respond to the Facebook messages, and if they contact you on your 'phone, unless you have expressly given permission for this, then they cannot gain access to your contact details. Only a manager can request the contact details from the wage clerk, and is meant for emergencies only, which does not include filling a shift.

Again I say, ask your rep to intervene.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 06-10-18, 12:54PM
Thank you again. I've been working there for four years and this is information no one has ever given me at my store.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: WhateverTrever on 06-10-18, 01:18PM
https://www.ourtesco.com/business-turnaround2-supporting-you-through-change-our-partnership-agreement-with-usdaw-terms-and-conditions/ (https://www.ourtesco.com/business-turnaround2-supporting-you-through-change-our-partnership-agreement-with-usdaw-terms-and-conditions/)

Click contract types heading, scroll down to relevant contract for yourself.. Im guessing part time flexi non fulfillment centre.. in which this is stated

"Any additional hours the colleague is required to work should be communicated with 7 days’ notice. If this isn’t possible, a minimum of 24 hours’ notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3."
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 06-10-18, 02:38PM
Thank you for pointing that out. I went searching for it myself and couldn't seem to find it on the site. All this has caused what should have been quiet weekend holiday into a horrendous fit of depression and anxiety but this info has helped alleviate it slightly.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lackofinterest on 06-10-18, 03:48PM
 the w**kers are experts at spoiling your day whether at work or on day off >:(
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Duracell on 06-10-18, 05:45PM
Thank you for your reply. As far as I know it wasn't an emergency shift. 24 hours notice has almost become the norm in store for filling shifts.

Is it possible for me to ask them to stop contacting me on Facebook messenger to arrange shifts when I'm at home and only arrange them while I'm in store during my working hours?

Firstly is Your Facebook privacy set to Friends only, if not I suggest you do so.
Is it a Friend sending the message, if so unfriend and block them, if not a friend block them.
If you are unsure of how, ask a trusted friend or family member to show you how.

Then ask Your Manager, to relay your Request that the company do not contact via this method again.

The data protection act or the now General Data Protection Regulations (GDPR) does seem to say that you can request /place a restriction on the use of certain Data they may have which would limit them to have it but not use it, I would imagine this option if officially used would leave them little choice but to comply, and land them in serious hot water if they ignore your request.
There is a guide on how to if you need to do it officially, but simply ask them first.

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

I think it's particularly interesting concern you have, if we consider the company's Social Media Policy and how we have to be careful where work/life cross, if you try as I do to keep social media and work separate as much as possible then realistically you should be able to request that contact is only made via your instructed methods.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 07-10-18, 09:20AM
Thank you for that. These are people who have been added as friends but have since started using Messenger as a means to fix shifts.

I've been approached while in store doing my shopping on my day off and asked to do shifts. Can I also ask them to only talk to me about work matter, offer shifts and such, during work hours?
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lucgeo on 07-10-18, 09:41AM
Again yes.....same as if you are on a break, they are not supposed to approach you whilst you are not on shift!

If on day off, just say and repeat as much as required, " I'm not on duty!" and walk away. If on a break, " I'm on my unpaid break!" Also always remember, if they actually call you away, out of the canteen, whilst you are on a break, then your full break allowance re-sets, regardless of how short the interruption is!!
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 07-10-18, 10:06AM
This is some pretty astounding information. The implication I've always got is that flexi workers just have to shut up and do as their told we're only ever told about our obligations never about what we're entitled to.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lucgeo on 07-10-18, 10:37AM
Also, have your contract to hand, for when they start with your obligations during the Christmas period, as it clearly states in the contract that NO colleagues HAVE to work Christmas Day, Boxing Day or New Years Day. If any fall on your contracted days, then you use your B/H allowance or can take as unpaid. They can't mark you down as refused either!
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Duracell on 07-10-18, 11:24AM
Thank you for that. These are people who have been added as friends but have since started using Messenger as a means to fix shifts.

I've been approached while in store doing my shopping on my day off and asked to do shifts. Can I also ask them to only talk to me about work matter, offer shifts and such, during work hours?

I have had similar manipulation, sometimes we have to accept that some collegues are not capable of being friends and respecting boundaries, swift deletion is really the only way to stop the rot.
I really can’t emphasise enough people limit as much as possible social media being work related, its almost impossible to have no connection at all, but if you can show that you do your very best to minimise the link between Social Media and Work, then you are in a better position when you ask that boundaries be respected.
Of course you have to practice the principle you ask of others, if you are asking that your social media is not the place for work related content then you have to practice that principle yourself.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: BurkeDodgers on 07-10-18, 12:48PM
I'll be keeping my contract on me at all time now.

I never use messenger to contact work myself. I prefer to follow proper procedure so there's an official record. I've found that Facebook has removed the option to stop people who aren't friends messaging you but they have added an Ignore Setting. All those messages are directed to the Filtered Folder. There's no notifications for them but you can still read them without them being marked as read. This can be found in the options of the chat window.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Mark calloway on 07-10-18, 09:56PM
How can they contact you when you are on sick leave?
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: thecleaningwoman on 07-10-18, 10:41PM
They can send a recorded letter  asking you to contact with store and thats only long term sick
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Mark calloway on 07-10-18, 10:58PM
So not a text message
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: thecleaningwoman on 08-10-18, 06:01PM
If they send letter recorded then you cant say I DID NOT GET IT , Tex  does not show you read it , I have heard they have Facebook people just to prove you got note but now  thats a NO NO   ;)
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Chojac2412 on 09-10-18, 09:42AM
Would not go straight to recorded but that is the option if other communication fails. You need to stay in touch when off and they can contact you f you don't and then if off for prolonged periods it drifts into wellness meetings etc as part of this is to check in to see if additional help is needed, occupational help etc.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: 1 on 09-10-18, 10:07AM
Under no circumstances should a Tesco manager be calling at any employees home without permission. This includes delivering mail regardless of the urgency. This said it seems to be the new way in my place. 
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: rogersmart on 09-10-18, 12:31PM
If they send letter recorded then you cant say I DID NOT GET IT , Tex  does not show you read it , I have heard they have Facebook people just to prove you got note but now  thats a NO NO   ;)

Be cautious - this advice is not correct.  If they/you are using text messages between two iPhones, for example, then the fact that a message is received or has been read is actually relayed back to the sender, so you cannot pretend that you did not receive a message.  If you don’t want to be contacted by text then you need to block all the numbers that they may be using.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Nomad on 09-10-18, 01:40PM
Maybe possible to prove the text has been delivered to an iphone, however like a PC more than one person can have access to iphone and if this is the case then there is no proof the intended recipient has read or even has knowledge of the text, especially if the co-user has a memory like a goldfish.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: rogersmart on 09-10-18, 02:36PM
As I said - be cautious!
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: 1 on 09-10-18, 07:44PM
Tell the manager you are not interested in shifts unless agreed before you leave shift. If the manager has no proof you refused nothing can be done. Even if you did refuse you don't need to do every shift management ask. Just tell them if you have something else on. If you are Flexi this goes both ways remember.
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Robdaoffice on 28-10-18, 10:45PM
Again yes.....same as if you are on a break, they are not supposed to approach you whilst you are not on shift!

If on day off, just say and repeat as much as required, " I'm not on duty!" and walk away. If on a break, " I'm on my unpaid break!" Also always remember, if they actually call you away, out of the canteen, whilst you are on a break, then your full break allowance re-sets, regardless of how short the interruption is!!

Regarding the reset of the of the break if it's interrupted, is this written down anywhere? I work on the back door and I'm often expected to deal with a delivery even if it comes while I'm on my break...This includes all deliveries not just the main fresh and grocery deliveries which are timed.   
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: lackofinterest on 29-10-18, 12:33AM
in that case leave the premises to have your break :P
Title: Re: Marked as refused to work a shift I wasn't offered
Post by: Nomad on 29-10-18, 10:13AM
It will be written that you are to have a 30/45/60 minute break and that is what you are entitled to, not 2/3/4 15 minute breaks or worse.  Insist on you entitlement or as lackofinterest says leave the premises for your break.

If you feel uneasy when they approach you to split your break early just say "sorry, I'm on break and will be meeting somebody outside shortly."