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Very Little Helps => Stores => Topic started by: Orangutan on 10-09-19, 10:37AM

Title: Flexi contract and childcare
Post by: Orangutan on 10-09-19, 10:37AM
Hello everyone,

I've been employed by tesco on a 26 hour flexi contract coming up on 4 years, in that time I've picked up the odd overtime shift here and there to help out but since having my first child I've had to cut that down to almost none. My department has recently had a change of manager and the new manager has been using the flexi contract to flex most of the department up to the maximum hours allowed to cover leavers and doesn't plan on hiring replacements. We are all just being handed sheets of paper with our overtime hours and asked to sign, am I correct in thinking that we should all be individually sat down to discuss what we can do?

Since saying that I couldn't do the shifts that were allocated to me my manager has asked me to fill in a flexible working form to adjust my availability, and has asked me to at least put down at least 2 extra shifts that I can do. The problem that I have is the only shift that I could realistically pick up on a regular basis would be a Saturday evening; which doesn't meet my managers 2 shift requirement, will mean everyday of the week I am either caring for my child on my own or working at tesco and also will cut into the already limited time that my family get to spend together.

Is there anyway that I can get the flexi contract changed to a standard contract? If I can't is there anyway that I can 'play' the flexi contract to my advantage?
Title: Re: Flexi contract and childcare
Post by: Preacherpauly on 10-09-19, 12:25PM
You would be very lucky to get a non flexi contract.  Just fill out your new availability and put saturday night, what can they actually do?
Title: Re: Flexi contract and childcare
Post by: NightAndDay on 10-09-19, 01:54PM
Hello everyone,

I've been employed by tesco on a 26 hour flexi contract coming up on 4 years, in that time I've picked up the odd overtime shift here and there to help out but since having my first child I've had to cut that down to almost none. My department has recently had a change of manager and the new manager has been using the flexi contract to flex most of the department up to the maximum hours allowed to cover leavers and doesn't plan on hiring replacements. We are all just being handed sheets of paper with our overtime hours and asked to sign, am I correct in thinking that we should all be individually sat down to discuss what we can do?

Since saying that I couldn't do the shifts that were allocated to me my manager has asked me to fill in a flexible working form to adjust my availability, and has asked me to at least put down at least 2 extra shifts that I can do. The problem that I have is the only shift that I could realistically pick up on a regular basis would be a Saturday evening; which doesn't meet my managers 2 shift requirement, will mean everyday of the week I am either caring for my child on my own or working at tesco and also will cut into the already limited time that my family get to spend together.

Is there anyway that i can get the flexi contract changed to a standard contract? If I cant is there anyway that I can 'play' the flexi contract to my advantage?

As far as I'm aware flexi contracts aren't a thing in Express formats (I don't know about transferring from superstore on a flexi contract to Express, but in my 7 years in Express, not once have I seen anyone on a flexi-contract, everyone had set shifts.)
Title: Re: Flexi contract and childcare
Post by: lucgeo on 10-09-19, 04:34PM
Look up on the government website, or ACAS, about your rights to parents and Flexi working.

Your manager should be sitting down to ASK what shifts you can do, at least 7 days prior, and they must be in your availability window.
Unless you are in RHRP meetings, then you do not have to change your availability hours, those are your contracted core hours and the availability Windows that were accepted when they gave you the job. ( someone correct me if I'm wrong on this, but that is my understanding of it?)

Do not sign any overtime hours allocated to you on a sheet of paper if you can't do them or they're out of your agreed availability window.
Do not agree or sign anything if your unable to do the hours requested.
Title: Re: Flexi contract and childcare
Post by: NightAndDay on 10-09-19, 05:43PM
As far as I'm aware, RHRP meetings still have to take your availability into account, they can ask you to change hours to hours within what you've put you can do on the availability form, asking you to change hours to hours that's documented as you not being available would be a redundancy situation.
Title: Re: Flexi contract and childcare
Post by: chris9997 on 10-09-19, 06:00PM
I dont think it is a redundency situation, as the job is still there.
Title: Re: Flexi contract and childcare
Post by: NightAndDay on 10-09-19, 06:51PM
If the job is defined as having agreed set hours when they employed you which are no longer available, then I think it counts as a redundancy situation.
Title: Re: Flexi contract and childcare
Post by: Redshoes on 11-09-19, 07:27AM
Hello everyone,

I've been employed by tesco on a 26 hour flexi contract coming up on 4 years, in that time I've picked up the odd overtime shift here and there to help out but since having my first child I've had to cut that down to almost none. My department has recently had a change of manager and the new manager has been using the flexi contract to flex most of the department up to the maximum hours allowed to cover leavers and doesn't plan on hiring replacements. We are all just being handed sheets of paper with our overtime hours and asked to sign, am I correct in thinking that we should all be individually sat down to discuss what we can do?

Since saying that I couldn't do the shifts that were allocated to me my manager has asked me to fill in a flexible working form to adjust my availability, and has asked me to at least put down at least 2 extra shifts that I can do. The problem that I have is the only shift that I could realistically pick up on a regular basis would be a Saturday evening; which doesn't meet my managers 2 shift requirement, will mean everyday of the week I am either caring for my child on my own or working at tesco and also will cut into the already limited time that my family get to spend together.

Is there anyway that i can get the flexi contract changed to a standard contract? If I cant is there anyway that I can 'play' the flexi contract to my advantage?

As far as I'm aware flexi contracts aren't a thing in Express formats (I don't know about transferring from superstore on a flexi contract to Express, but in my 7 years in Express, not once have I seen anyone on a flexi-contract, everyone had set shifts.)

If you are on a flexi contract you need to have hours you can work outside your fixed hours, if not you are in breach of your contract. How many hours you need to be available I'm unsure about but full policy is all online. Since a certain date, that someone on here can tell you, all contracts are flexi and I have never heard of a flexi contract being changed to fixed.
You are not at risk of redundancy as it is job roles that go at risk and not individuals, and you are not offered redundancy due to your personal circumstances unless this also falls under restructure.
One option would be to request to drop hours so you can flex up to what you do now but I agree that this option is a very poor one but as you have a flexi contract and you are unable to flex your options are limited.
You will also find online the policy regarding flexi contracts and the handing out of flexi sheets. This is the way things are going, the restructure in the metro has long serving colleagues with great service records at risk due to not being matched to a job role and one of the measures is flexibility.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 11-09-19, 07:15PM
Thanks for all the replies.

@Preacherpauly I really don't want to put Saturday night down as being available as I don't want to be working every Saturday evening, it seems the way it's going I'll be consistently asked to work the shift at least 3 out of every 4.

@NightAndDay Unfortunately transferring to express isn't an option

@lucgeo I've looked at flexi working on the government website and others and it seems that it is up to the employer whether they allow it and in this situation I can't see them agreeing. I've no idea what RHRP is so am not in any of those meetings and I'm definitely not signing anything that I am unable to do.

@Redshoes Where is the flexi contracts policy, I've tried to find it multiple times on ourtesco but never have any luck.

I guess I might just have to put down that I can work the Saturday night and just have to be a nuisance by requesting a meeting each time. If my department were to have some sort of restructure though is there some way that they could force me into changing my hours so that Saturday is my contracted shift if it is on my availability?
Title: Re: Flexi contract and childcare
Post by: Loki on 11-09-19, 07:22PM
The Union’s stance on this is clear. The Flexible contract is supposed to be a two way conversation... not for management to dictate. Granted, there will be times where you will have to work additional hours and refusal without good reason could become problematic as being flexible with regards to working additional hours does form part of your contract.

However, there must be a discussion between yourself and your manager when completing the Record of Hours sheet which is then placed on file.

Should your availability change due to personal circumstances then you should discuss this with your manager who also cannot refuse any changes without good reason.

You can indeed ask to change from a flexible contract to a standard contract. Quite a few members I represent have had this authorised due to child care issues.

Speak to your rep and/or manager.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 11-09-19, 11:39PM
Thanks for that Loki there is possibly some light at the end of the tunnel. Unfortunately I'm not a member of the union I only know of one rep in my store and every time that I've asked him for the forms to join he doesn't have them on him and I wont see him again for a while and then I'll forget to ask him as I've already sorted the issue on my own or he wont have the forms again.

If i were to do this myself would it fall under the flexible working request form? The one where I put the reason for the request, how it will benefit Tesco, how it will impact my colleagues and the solutions that I suggest? If it does how am I meant to answer those questions? Because it only benefits Tesco by not having to find a replacement for the hours I currently work, will require other colleagues to take extra shifts that they also don't want to do them and the only solution is to hire more staff. It all seems quite abrupt and like I'm threatening to quit or go sick if I don't get my way.
Title: Re: Flexi contract and childcare
Post by: madness on 12-09-19, 01:24AM
Do you work Sundays? What sort of shift pattern are you on?
Title: Re: Flexi contract and childcare
Post by: Orangutan on 12-09-19, 08:15AM
I work a day shift Sunday, Monday and Wednesday and an evening shift on a Thursday.  I look after my little one on my own from about 730 until 430 Tuesday, Thursday and Friday.
Title: Re: Flexi contract and childcare
Post by: Preacherpauly on 12-09-19, 02:25PM
Tell your manager you need to change your availability. Tell him you are willing to do 2 out of  4 saturdays a month as you need some off to have family time. Some managers seem to think you aren't entitled to a life on a flexi contract.

2 weeks out of the month doing 5 shifts and 2 weeks doing normal shift pattern is reasonable. What more do they want.
Title: Re: Flexi contract and childcare
Post by: madness on 12-09-19, 07:56PM
I work a day shift Sunday, Monday and Wednesday and an evening shift on a Thursday.  I look after my little one on my own from about 730 until 430 Tuesday, Thursday and Friday.

That's a reasonable ammount why not speak to your manager ask for a fixed contract but mention what overtime you can do outside of that. If you make it official on a flexi contract eventually "deals" get forgotton.
Title: Re: Flexi contract and childcare
Post by: lackofinterest on 12-09-19, 09:23PM
flexi contracts are for the benefit of the company. the company couldnt care less about our private lives
Title: Re: Flexi contract and childcare
Post by: Redshoes on 13-09-19, 09:10AM
As stated above you need to update your availability. This is done annually now, and when circumstances change. You need to fill in maximum and minimum hours willing to work and have some form of availability. You can also add in a sentence at the bottom about how you can work more during term time if at uni for example, the uni example shows how a persons availability can also be flexible. You need to think long and hard about how to word this for you. You may have more or less flexibility during school holidays, for example.
Title: Re: Flexi contract and childcare
Post by: Redshoes on 13-09-19, 09:23AM
 We would always explain the business need for the change and how it affects you (some examples of this are; extended opening hours in stores which mean revising shift patterns, the closure of a department, or a reduction in the hours needed to complete a task due to simplification).

Your manager will take time to consider if the change they are asking you to make is reasonable. This will depend on your personal circumstances and the change required. This will be based on the discussion between you and your manager.

Suitable alternatives are likely to have:

Similar hours
Similar working conditions
Equivalent terms and conditions
Similar status/position/work level
Similar skill sets
The same location, unless a move to another location is agreed.
When we meet with you we will discuss the impact the change will have on you, we aim to be sensitive to your personal circumstances. For example, if the proposal means changing your hours of work to include earlier start times, whilst this may not impact the majority of people, if you have certain commitments we will try and work with you in these situations to explore alternatives that may be suitable. We will however always be honest with you as in some circumstances remaining on your existing terms will not be possible.
Title: Re: Flexi contract and childcare
Post by: Redshoes on 13-09-19, 09:25AM
During the consultation;

We will first consider any volunteers who can make the changes needed.
We will make every attempt to reach a mutual agreement, looking for compromises and alternative positions.
At the end of the consultation period if an agreement is not reached we will review the change and take time to consider if what we are asking you to do is still reasonable. If it is, and we are at the end of the consultation period we will need to give you notice that we are to end your current contract of employment. You will be written to following the discussion. The amount of notice you will be given is dependent on your service with the company. This is a minimum of 4 weeks and increases by 1 week for every year’s service up to a maximum of 12 weeks (unless your contract states that you are entitled to a longer notice period).

When we issue you with your notice, we will also offer you re-engagement on the new terms, (If an individual accepts re engagement your length of service will remain as continuous for the purpose of benefits, pay and holidays).This offer will be made in writing which you may choose to accept at any time before your final shift having worked your notice period.
Title: Re: Flexi contract and childcare
Post by: lucgeo on 13-09-19, 09:49AM
Bear in mind, regarding the above info kindly sought for you from Redshoes, that constructive dismissal is exceedingly rare, and in your case, where the discrepancy is so minute, and you have childcare issues, I would think it highly unlikely they'd take you down that route...and don't let them try and barter by saying we've comprised with the other hours...they've agreed to them being acceptable, so they shouldn't try to retract their agreement based on whether or not you play ball.
Title: Re: Flexi contract and childcare
Post by: tumshie on 15-09-19, 06:46PM
You can join Usdaw online (tho your rep sounds a bit feeble).

https://www.usdaw.org.uk/Join-Us (https://www.usdaw.org.uk/Join-Us)

by the way, there should be a notice board somewhere near the lockers, with names of union reps for your store.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 04-10-19, 03:35PM
My manager accepted for me to just put Saturday night, I think that it's now assumed that I will do every Saturday night though, I've said that I couldn't do one that I legitimately had other plans for. Once it comes around to the next set of rotas am I within my rights to say I will do these 2 for you but not the other 2? Do I need to give reason or is a simple I can't do these shifts suitable? Will they start to get funny with me after every meeting saying I can't do these 2?

Thanks for all the help.
Title: Re: Flexi contract and childcare
Post by: NightAndDay on 04-10-19, 03:46PM
If they form part of your contracted shifts, then no, you can't pick and choose, if they're not contracted then you'll have more wriggle room.
Title: Re: Flexi contract and childcare
Post by: lucgeo on 04-10-19, 04:40PM
If you have put your availability for the Saturday night, and have signed a new contract with the Saturday night hours as part of your contracted core hours, then you cannot refuse to work them, as you are not fulfilling your contract.

If you haven't signed the contract, and it is part of your core hours, then don't sign it!

Basically ditto to what NightandDay said  8-)
Title: Re: Flexi contract and childcare
Post by: Orangutan on 04-10-19, 05:42PM
They are not part of my core hours, the hours on Saturday night are the ones that make up my availability for my flexi contract. Basically forced overtime hours!
Title: Re: Flexi contract and childcare
Post by: alf on 04-10-19, 08:05PM
"Whilst colleagues will be expected to work additional hours that fall within their Availability Window, flexibility should be a two-way process. This means that colleagues can request not to work additional hours where sufficient notice is given. Colleagues should be able to make such requests even if the hours form part of the normal Availability Window. Such requests should be given proper consideration by the store and reasonable requests should be agreed where possible"

If you're giving them notice, you're golden as clearly you're fullfilling your end of the bargain by working other Saturdays.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 05-10-19, 09:57AM
Where does that quote come from, I can't find the flexi contact policy anywhere.

That being said what constitutes a reasonable request, if I'm refusing 2 of every 4 does that eventually become unreasonable?
Title: Re: Flexi contract and childcare
Post by: Redshoes on 05-10-19, 10:15AM
Online
People policies
A-Z of policy
Flexible working
Title: Re: Flexi contract and childcare
Post by: lucgeo on 05-10-19, 11:00AM
Where does that quote come from, I can't find the flexi contact policy anywhere.

That being said what constitutes a reasonable request, if I'm refusing 2 of every 4 does that eventually become unreasonable?

If they are still doing the procedure of just writing the shifts down, without speaking to you, then you just write next to them, can do or can't do! As said, being flexible is a two way street, you're not refusing every time, and if they sat down with you to arrange the shifts, as they should, then you could state that fact. By just leaving a list, they can't complain if you write your refusal on the same list, for them to read.

I would also be questioning why the same shift is continually being put as overtime?
Title: Re: Flexi contract and childcare
Post by: Orangutan on 05-10-19, 11:40PM
@Redshoes That policy is all about flexible working not the flexi contract itself, it seems that its well hidden so colleagues can't challenge their managers on it. This forum is the only place that I've found the slightest bit of information on this tesco policy.

@lucgeo The process they are taking with me is to take me to one side and say that they have put me down for these shifts and can i put my initials on the sheet for them, during this I advised them that I wasn't available one of those days and they just got me to sign the other 3. I have't got to the second pulling aside but there are no new members in the department so I assume its going to be the same for the foreseeable future.

I've managed to sneak a look at the rota for the department and everyone who isn't full time has been given overtime. Basically the department is under contracted; i.e. they need to cover 200 hours per week but have only contracted for 150 not exact numbers but you get my drift. So I'm getting the same shift as overtime since it's my only flexible shift and I assume the manager sees it as the easy way to just give the same shift out to everyone each week. Unfortunately it seems everyone is just accepting that they can just give you these OT shifts and you have to do them.
Title: Re: Flexi contract and childcare
Post by: lucgeo on 06-10-19, 09:29AM
If they are asking you a month in advance, then they have time to fill that Saturday night O/T shift. Again, only initial the shifts you can do, that is why they ask you to initial them, as agreement to do them. If you're working every other, then they can't say you're being inflexible, by expecting you to cover each one, is showing inflexibility, or poor management on their part, by not permanently covering that shift by way of contract.
Title: Re: Flexi contract and childcare
Post by: Redshoes on 06-10-19, 01:10PM
@Redshoes That policy is all about flexible working not the flexi contract itself, it seems that its well hidden so colleagues can't challenge their managers on it. This forum is the only place that I've found the slightest bit of information on this tesco policy.

@lucgeo The process they are taking with me is to take me to one side and say that they have put me down for these shifts and can i put my initials on the sheet for them, during this I advised them that I wasn't available one of those days and they just got me to sign the other 3. I have't got to the second pulling aside but there are no new members in the department so I assume its going to be the same for the foreseeable future.

I've managed to sneak a look at the rota for the department and everyone who isn't full time has been given overtime. Basically the department is under contracted; i.e. they need to cover 200 hours per week but have only contracted for 150 not exact numbers but you get my drift. So I'm getting the same shift as overtime since it's my only flexible shift and I assume the manager sees it as the easy way to just give the same shift out to everyone each week. Unfortunately it seems everyone is just accepting that they can just give you these OT shifts and you have to do them.

Full policy is online. If you want to know the terms and conditions of a flexible workers contract it will be on your contract.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 07-10-19, 12:54AM
This is all that is stated in my contract; The Company needs you to maintain the flexibility you have specified If you are consistently unable to work your flexible additional hours when you have been asked to, this may be considered a breach of your Contract of Employment and could result in disciplinary action up to and including dismissal

Where is the policy online that says amongst others that additional shifts should be advised at least 7 days in advance and flexibility should be a two-way process. My previous manager said that I can refuse 3 shifts but if I refuse the 4th it would result in a disciplinary. I want to read about this not about changing my current working pattern on a permanent basis.
Title: Re: Flexi contract and childcare
Post by: londoner83 on 07-10-19, 05:27AM
To be able to dismiss you the company would have to prove to a reasonable person that you were not meeting the terms of your contract. Yes your contract does state you are a flexi worker, which should mean that with sufficient notice you are expected to work additional hours, however the crux of the issue legally is what it is expecting you to do reasonable?

If the business has a shortage of staff on a Saturday night would it not be more reasonable to expect it to recruit new employees or offer you a increase in hours in order to fill the positions; rather than constantly try and flex you up.

Is it unreasonable for someone who potentially signed a availability form up to a year ago to now have outside commitments that means they can only cover every other shift?

Like a previous poster has said all the policies are online and Usdaw reps should also be able to help you.


Title: Re: Flexi contract and childcare
Post by: Redshoes on 07-10-19, 07:32AM
There is a PFS full flexible working policy document online but I think you are looking for an exact sentence that relates to you. If you need to change your availability you can do so at any point and it should be done annually now anyway. You do however need to be flexible to fulfil a flexible contract role.
Title: Re: Flexi contract and childcare
Post by: lucgeo on 07-10-19, 07:34AM
This is all that is stated in my contract; The Company needs you to maintain the flexibility you have specified If you are consistently unable to work your flexible additional hours when you have been asked to, this may be considered a breach of your Contract of Employment and could result in disciplinary action up to and including dismissal

So going on the above paragraph, you are not "consistently" unable to work your flexible additional hours. You are working some of the requested shifts, just not every one.

Speak to your rep, about having a copy of rules, regarding Flexi contracts, notice periods etc...or 'phone the area union office for guidance. I'm unable to access the policies online anymore, but I hope another poster can point you to the specific doc. regarding the rules.
Title: Re: Flexi contract and childcare
Post by: lucgeo on 07-10-19, 07:49AM
Going further on the above...

How many hours are the Saturday night shift for?
Are there other shifts that are constantly being covered, as flexi, by other colleagues on a weekly basis?

If there are, then they should be offering a vacancy to cover these shifts, if they accumulate over 7.50 hrs, and no stand alone shift is less than 3 hours.
Title: Re: Flexi contract and childcare
Post by: Shafted on 07-10-19, 09:34AM
To be able to dismiss you the company would have to prove to a reasonable person that you were not meeting the terms of your contract. Yes your contract does state you are a flexi worker, which should mean that with sufficient notice you are expected to work additional hours, however the crux of the issue legally is what it is expecting you to do reasonable?

If the business has a shortage of staff on a Saturday night would it not be more reasonable to expect it to recruit new employees or offer you a increase in hours in order to fill the positions; rather than constantly try and flex you up.

Is it unreasonable for someone who potentially signed a availability form up to a year ago to now have outside commitments that means they can only cover every other shift?

Like a previous poster has said all the policies are online and Usdaw reps should also be able to help you.

Availability forms should be revisited four times a year.
Title: Re: Flexi contract and childcare
Post by: Orangutan on 07-10-19, 05:13PM
Going further on the above...

How many hours are the Saturday night shift for?
Are there other shifts that are constantly being covered, as flexi, by other colleagues on a weekly basis?

If there are, then they should be offering a vacancy to cover these shifts, if they accumulate over 7.50 hrs, and no stand alone shift is less than 3 hours.
So it's fine to just say that I can't do 2 out of 4 shifts without giving an explanation? What if they ask? It seems weird that with all the policy's on our tesco that the one on flexi contacts isn't.

The Saturday shifts are 4 hours, and there are other colleagues that are covering the same shift every week so definitely more than 7.5 hours. I was thinking of trying to get as many of us together and all reject the flexi overtime on the same week and see what they do.
Title: Re: Flexi contract and childcare
Post by: Preacherpauly on 07-10-19, 05:56PM
Going further on the above...

How many hours are the Saturday night shift for?
Are there other shifts that are constantly being covered, as flexi, by other colleagues on a weekly basis?

If there are, then they should be offering a vacancy to cover these shifts, if they accumulate over 7.50 hrs, and no stand alone shift is less than 3 hours.
So it's fine to just say that I can't do 2 out of 4 shifts without giving an explanation? What if they ask? It seems weird that with all the policy's on our tesco that the one on flexi contacts isn't.

The Saturday shifts are 4 hours, and there are other colleagues that are covering the same shift every week so definitely more than 7.5 hours. I was thinking of trying to get as many of us together and all reject the flexi overtime on the same week and see what they do.

Of course its fine. If they ask just say the weekends are the only time you get to spend together as a family and you got days out planned, you dont have to give them any more information than that.  As long as you're giving them the other 2 then it shouldnt be a problem. 
Title: Re: Flexi contract and childcare
Post by: lucgeo on 08-10-19, 08:57AM
Going further on the above...

How many hours are the Saturday night shift for?
Are there other shifts that are constantly being covered, as flexi, by other colleagues on a weekly basis?

If there are, then they should be offering a vacancy to cover these shifts, if they accumulate over 7.50 hrs, and no stand alone shift is less than 3 hours.
So it's fine to just say that I can't do 2 out of 4 shifts without giving an explanation? What if they ask? It seems weird that with all the policy's on our tesco that the one on flexi contacts isn't.

The Saturday shifts are 4 hours, and there are other colleagues that are covering the same shift every week so definitely more than 7.5 hours. I was thinking of trying to get as many of us together and all reject the flexi overtime on the same week and see what they do.

Softly...softly...take one step at a time, by trying to involve others into a mini revolt at this time, would serve you no purpose, it could just isolate you for a possible backlash. From personal experience, colleagues will encourage and agree, if they think they may benefit from the outcome, but suddenly become mute, when required to speak up!
Continue to only agree to the shifts you can do, don't back down, don't explain yourself, you just say "no I am unable to do that shift", and leave it at that. Should your manager insinuate any non fulfilment of contract, tell them you're interpretation of your contract would suggest you are!! Should any insinuating continue, ask for a meeting to be arranged with the manager and your union rep, to discuss this " constant harassment"

Title: Re: Flexi contract and childcare
Post by: madness on 08-10-19, 02:27PM
To be able to dismiss you the company would have to prove to a reasonable person that you were not meeting the terms of your contract. Yes your contract does state you are a flexi worker, which should mean that with sufficient notice you are expected to work additional hours, however the crux of the issue legally is what it is expecting you to do reasonable?

If the business has a shortage of staff on a Saturday night would it not be more reasonable to expect it to recruit new employees or offer you a increase in hours in order to fill the positions; rather than constantly try and flex you up.

Is it unreasonable for someone who potentially signed a availability form up to a year ago to now have outside commitments that means they can only cover every other shift?

Like a previous poster has said all the policies are online and Usdaw reps should also be able to help you.

Availability forms should be revisited four times a year.
What starts to happen there is everyone declares they "can only work" 9-15 Mon-Thur
Title: Re: Flexi contract and childcare
Post by: NightAndDay on 08-10-19, 02:31PM
And this shows the folly of having everyone on flexi contracts, In Express this situation never happens because they don't do flexis.
Title: Re: Flexi contract and childcare
Post by: Superdude09 on 16-10-19, 11:54PM
This really baffles me.  Are there really managers out there who do not try to work with there colleagues?
 
I have 90% of my team who can flex up, there are some that can't do it every week as they have family etc and others who want all the hours I can give them.  When the regulars can't do the shifts that's when I'll ask the people who "can" flex into the shift who will be more likely help me out because I help them get a balance.

Hell I even work every Saturday Late, do I have to? no but I do it for my department, and my team.
 
2 out of 4 Saturdays would be acceptable for me, I'd ask my other flexi to work the other two or even rotate it through the team.  End of the day colleagues have a contract to fulfil but it can't be a unfair balance, my team work for me but I also work for them. 
Title: Re: Flexi contract and childcare
Post by: Teddybonkers on 17-10-19, 01:13PM
I'm a little surprised that these flexi contracts haven't  been tested at an employment tribunal yet. Only a matter of time?
Title: Re: Flexi contract and childcare
Post by: Cleaner1 on 17-10-19, 03:50PM
The flexi contracts is just the company trying to dodge giving employees decent T&Cs. Have seen people on 1 day flexed up to 4+ every week. They should be contracting you for the shifts you do on a regular basis end of. It depends on how the SM wants to run the place. Ours contracts everyone 1-3 shift then asks them all to flex up. Others will give you a FT contract if you want it.