* *
Welcome, Guest. Please login or register.
Did you miss your activation email?
17-10-19, 08:14AM

Login with username, password and session length

Recent

Members
  • Total Members: 8505
  • Latest: Foysi
Stats
  • Total Posts: 61663
  • Total Topics: 1083
  • Online Today: 135
  • Online Ever: 826
  • (23-02-15, 06:44PM)
Users Online
Users: 7
Guests: 111
Total: 118

Author Topic: Attendance review  (Read 21583 times)

Expressworker

  • Guest
Attendance review
« on: 13-04-16, 08:12PM »
I've recently been off for one day with sickness. I had a welcome back which is fine it's obviously policy, my managers are a law to themselves & have added on days I've had off with my child when he's been sick, I've had 1 day for myself and 3 for my children in the past 26 weeks (I'm the only one that can take time off as childrens father would lose a lot more money than me)  They now want to do an attendance review tomorrow but I have had no written notification of this meeting so can't arrange representation am I right in thinking that because I haven't 1 - had welcome backs for being off with my son which prevents the attendance review as policy hasn't been followed & 2 - I haven't received written notification of this meeting they haven't followed policy again and can't do it? The union thought that it was classed under the mitigating circumstances but it isn't its domestic can someone please help me nail my SM & duty manager they do nothing but treat me & other staff unfairly!! Under the employment rights act 1996 & employment relations act 1999 they can't punish me for having time off with dependants?  >:(
« Last Edit: 13-04-16, 08:15PM by Expressworker »

Morris999

  • Smart Arse
  • *****
  • Posts: 788
Re: Attendance review
« Reply #1 on: 13-04-16, 08:24PM »
They do not need to give a written letter to inform you of an attendance review.
They will ask at start of attendance review if you want any rep, if you do say so and they will have to adorn so one can be found/arranged.
I believe you still will have to have an attendance review even if your other absence are for time off for your children but will then be taken out in the attendance review meeting!
So,so far they have followed the policy!
Now regarding the missing welcome back meetings as they are for emergency time off for your children it won't affect the outcome of the meeting as they will be removed in the attendance review anyway!
And as you know they haven't been done and you feel that they are going against policy then you will have that as ammunition against them!

Redshoes

  • Smart Arse
  • *****
  • Posts: 542
Re: Attendance review
« Reply #2 on: 13-04-16, 08:39PM »
You only trigger a attendance review with three absences or more than 3% so if your other two were under this you would not have had one. If domestic it should going he pot but then come out again during the meeting. This is supposed to a 'support' meeting and not a disciplinary. Most stores now don't like time unpaid, domestic time off canbe paid back.  That's a whole other issue though

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6706
  • Who dares, wins.
Re: Attendance review
« Reply #3 on: 13-04-16, 09:01PM »
@Expressworker have you looked at the following,

http://www.verylittlehelps.com/wiki/index.php?title=TOFD
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

part of the problem

  • Regular Pain
  • ***
  • Posts: 153
Re: Attendance review
« Reply #4 on: 14-04-16, 06:16AM »
From Tescos point of view the fact the father cant take time off because he earns more than you is not their problem. Its your choice to take the time off instead of him rather than share equally. If there was nobody else that could have your child then that's different.

horatiocain

  • Know All
  • ****
  • Posts: 401
Re: Attendance review
« Reply #5 on: 14-04-16, 06:54AM »
There should be no review, is triggered when a welcome back shows a percentage over 3% or a third welcome back meeting within 26 weeks  and your are correct that time off for dependants is NOT the same as other absence and does not count in your attendance figure.
There should be no AR as you have not had 3 welcome back forms, which is the trigger event, and your percentage doesn't include TOFD, tell them this ans they should dip the meeting and apologise  but being twatco they'll insist they're right, at the onset demand a rep and they'll tell them to drop the meeting and apologise, if they're any good.

It's ridiculous how few ma Vera use TOFD properly, I've been in with 4 colleagues in the past month about attendance reviews, our reps are a joke.

The fact that your husband could take time off is moot, it has no bearing upon your right or Tesco policy.

Expressworker

  • Guest
Re: Attendance review
« Reply #6 on: 14-04-16, 08:19AM »
They've postponed the meeting until Monday which they can do I came back to work on Monday so they have 7 days! How can I find out how Tesco deals with dependants to print off & show them I've spoken to them this morning & they are adamant they are right & can basically take me to town on this? I have no other warnings for attendance! So frustrating as other people at my store have been off over the last few weeks & haven't even had welcome backs but when it comes to me they do them!

oddjob

  • Know All
  • ****
  • Posts: 474
Re: Attendance review
« Reply #7 on: 14-04-16, 09:01AM »
your rep will have his union blue book look for the relevant part for time of for dependants ,take it in the meeting with you show the managers and say do you agree with what has already been agreed in the partnership ,if not  tell them you want to adjourn to get the pm involved as the manager isnt following agreed policy

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6706
  • Who dares, wins.
Re: Attendance review
« Reply #8 on: 14-04-16, 09:13AM »
"How can I find out how Tesco deals with dependants" more importantly are your MM's adhering  to the law on TOFD.  TOFD has to be taken out of the equation at the AR.

No WB then absence also not included.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

WhateverTrever

  • Newbie
  • *
  • Posts: 26
Re: Attendance review
« Reply #9 on: 14-04-16, 09:19AM »
This will describe the guidelines around time of for dependents.  http://www.acas.org.uk/index.aspx?articleid=3235
Anything less than 24 hours notice is considered unplanned, so would trigger an attendance review.. You choice on if you want to take the time off as unplanned.. If when you call you were to say that this absence will last for eg 3 working shifts.. Shift one would be unplanned with the following 2 shifts being counted as planned.. The potential for the 1st shift being mitigating depends on whether you knew about your child's illness with more than 24 hours notice.. so could plan time off with your store..
The fact that you made an elective decision to take the time off over your partner, who would be presumed able to care for your children.. ie if he was away from home & not able to return to home to care for said ill child.. Earning more money, doesnt make a case for you over him..
If there are missing welcome backs, the choice is to contest whether you were or were not absent, if agreed absent, the absences will be counted in, if the % at the time was less than 3%, 3 occ then no ARI would have been needed.. I would raise this with the People manager, as the managers present at your return should be informally/formally managed on this.

The key here is - Any absence with less than 24 hours notice will count towards absence %, with bereavment being the exception.

Princess2016

  • VLH Supporter
  • Know All
  • ******
  • Posts: 207
Re: Attendance review
« Reply #10 on: 14-04-16, 10:02AM »
Just remember that if they adjourn on Monday, and reconvene on say Tuesday, then the meeting can not go anywhere. I mean not even next steps as they are outside the 7 days. If they choose to postpone the meeting last 7 days, nothing can happen. And the others are right, your tofd should be removed from your absence percentage. Bring a good rep with you!! Good luck!

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6706
  • Who dares, wins.
Re: Attendance review
« Reply #11 on: 14-04-16, 12:24PM »
Quote
ACAS:

"The right is to a reasonable amount of time off - normally a day or two but this will depend on individual circumstances." (my underline)

Case Law has demonstrated that 'unexpected' does not mean 'sudden' or 'in emergency'. So, even if someone has prior warning of a disruption to care arrangements, they are entitled to take time off.

3 shifts off with TOFD maybe required and could be totally reasonable depending on the circumstances, saying it is only one is complete tosh.  The law only states what MAY be reasonable.

How could anybody have been absent if there was no WB, WB is not optional.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

horatiocain

  • Know All
  • ****
  • Posts: 401
Re: Attendance review
« Reply #12 on: 14-04-16, 03:39PM »
Tesco policy states that any absence without a welcome back is ignored when calculating whether or not an AR is needed.

Tesco policy states that TOFD is not included in your absence figures.

You will find TOFD is often coded as UA which causes most of the problems, that and managers not knowing the TOFD policy, these are not absence due to domestic reasons, parental leave or any other reason.

http://www.verylittlehelps.com/wiki/index.php?title=TOFD
http://www.verylittlehelps.com/wiki/index.php?title=Individual_Review_Level

As a side note bereavement IS added into your figures for determining an AR, is just all considered mitigating.

WhateverTrever

  • Newbie
  • *
  • Posts: 26
Re: Attendance review
« Reply #13 on: 14-04-16, 04:53PM »
https://www.ourtesco.com/absence/

The domestic emergency leave will most likely be mitigated out, irrespective of your partner being able to or not be by your child's side when ill, with only sickness being counted in your absence.. The domestic will simply be counted into absence as less than 24 hours notice. When mitigated out will then subsequently be mitigated in future meetings. More so as "Nomad" said, due to no welcome back it should be mitigated, tho should also be discussed if support needed in future. If then your absence drops below 3% most likely it end with No further action due to prior occassions of mitigating absence.

Guessing you've not had any attendance reviews in the last 26 weeks (based on no welcome backs being completed), then this would definitely mean No further action due to fitting whats called an "excellent attendance checklist".

With bereavement(not relevant in this case) it is coded as PA500(means nothing to most), any absence coded 500 and above is not included in absence figures. A welcome back is completed to ensure a planned/supportive approach to the colleague.

If ever in doubt ask to look at absence prints and refer to the back of the welcome back form.

Anyways good luck, though you shouldnt need it.

part of the problem

  • Regular Pain
  • ***
  • Posts: 153
Re: Attendance review
« Reply #14 on: 14-04-16, 05:40PM »
It does state in the link "when you are the only person " which in this case as stated their husband could but doesn't. It also mentions steps to prevent reoccurrence as in somebody else look after them an example would be husband takes turns etc.
I'm just playing devils advocate.
Its also stated they took into account the DAYS you have had off in 26 weeks is that many occasions or 1 spell of x amount of days.

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6706
  • Who dares, wins.
Re: Attendance review
« Reply #15 on: 14-04-16, 07:16PM »
It also says, "There may be occasions when you need time off at short notice to deal with an emergency in your personal life. Where possible, we will try to accommodate requests for time off to look after sick children, relatives or home emergencies."

Which is rather magnanimous(not) of them considering Time Of For Dependants is something staff are entitled to by law.   >:(
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

amigaboi

  • Newbie
  • *
  • Posts: 25
Re: Attendance review
« Reply #16 on: 14-04-16, 08:30PM »
Is that really a surprise when they bigger up giving staff who worked overtime an average of their weekly pay when on holiday. Something they had to adhere to anyway.


spike_pkh

  • Know All
  • ****
  • Posts: 311
Re: Attendance review
« Reply #17 on: 15-04-16, 02:59AM »
They are right to do an ARI however the domestic absences will be mitigated so no further action needed

Rad

  • Know All
  • ****
  • Posts: 444
Re: Attendance review
« Reply #18 on: 04-06-16, 08:00PM »
It also says, "There may be occasions when you need time off at short notice to deal with an emergency in your personal life. Where possible, we will try to accommodate requests for time off to look after sick children, relatives or home emergencies."

Which is rather magnanimous(not) of them considering Time Of For Dependants is something staff are entitled to by law.   >:(

I think this is more about requesting short notice holidays etc. rather than specifically tofd.   If you are calling in to say you cannot attend because of a dependant you are calling in absent.  Calling in for this is not a request, its an employee saying they cannot attend work. 
 

Ronin

  • Guest
Re: Hours Change
« Reply #19 on: 28-09-16, 01:25AM »
Hi new to this but need some info
What are the time scales on an ARI at Tesco
I had a meeting started around 2 weeks ago and it's was adjourned as I had no union rep
So today I walk into work straight into an ARI with no notice and a union rep was  provided ....
Which has now gone to disaplinary ... Is this right ? I'm sure there are time scales and written notice given please help

Expressdude2016

  • Sad Muppet
  • ******
  • Posts: 1284
Re: Attendance review
« Reply #20 on: 28-09-16, 06:08AM »
No timescale has been broken. Your original ARI was adjourned so a rep could be present. It may have been rep was on holiday or another rep had to be sought from out with your store. As long as original ARI took place within 7 days of return to work and adjournment took place.

nolotil

  • Guest
Re: Attendance review
« Reply #21 on: 28-09-16, 11:26AM »
Look at ourtesco.com and see what the policy on time off for dependants states


Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6706
  • Who dares, wins.
Re: Attendance review
« Reply #22 on: 28-09-16, 04:47PM »
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

1man2jobs

  • Newbie
  • *
  • Posts: 13
Re: Attendance review
« Reply #23 on: 10-11-16, 10:05AM »
Hi sorry for hijacking a thread with my query but i cant seem to find where the link is to create a new topic as I've only registered today and am still learning to navigate my way through the site. Because of the title of this thread i thought that this is a good place to put my query without adding clutter to this forum. I have tried searching for my query using the search string "attendance review deadline for night workers" but cant find any information that answers my query. I am a union member if that's of any significance to getting any responses.

My query is related to me trying to get an attendance review meeting acknowledged for being out of process.

Facts:
I work nights. I was sick on a Monday shift. I then returned to work on Wednesday as my first shift back after illness and had my back to work. The following Wednesday during my shift I was told I had an ARM. I advised the managers in the meeting that this is after 7 days and not in process as the deadline was Tuesday being the 7th day and Wednesday being the 8th day. I was told I was incorrect. I then told them that they were incorrect. So I counted the days to them

1) Wednesday (BackToWork) 2)Thu 3)Fri 4)Sat 5)Sun 6)Mon 7)Tue...and 8)Wednesday....

They continued to disagree because I'm a night worker quoting a rule that my 7 days are different to a dayshifters because for night workers days count from midday to midday and not midnight to midnight.

Now i have never heard of this midday rule before in sickness for night workers but i was prepared to honour their train of thought. So even applying this midday rule logic it still equals 8 days which i pointed out to them...

1) 12:00pm Wed - 11:59am Thu -First shift back to work; Wed 22:00 >> Thu 07:00
2) 12:00pm Thu - 11:59am Fri    -ARM (not given)
3) 12:00pm Fri - 11:59am Sat     -ARM (not given)
4) 12:00pm Sat - 11:59am Sun   -ARM (not given)
5) 12:00pm Sun - 11:59am Mon  -ARM (not given)
6) 12:00pm Mon - 11:59am Tue  -ARM (not given
7) 12:00pm Tue - 11:59am Wed -ARM (not given - day 7)
8.) 12:00pm Wed - 11:59am Thu  -out of process (ARM attempted and disputed)

I have gone through the old and new sickness procedures and I cant see anything other than your ARM has to be within 7 days from your by the way. I've looked for definitions of a nightworkers "day" or "shift" but cant find anything that supports this midday ruling I've been told about even though a midday deadline will still equate my ARM being on the 8th day. The procedures refer to the days as calander days and nowhere can i see anything different.

Additional info:
I work 3 nights a week. The ARM wasn't from a deferred date within the deadline. This has happened in the past with another pair of managers and different PM but i was told they were wrong for acknowledging it being 8 days and out of process. I understand punishment would be a slap on the wrist and not worried about it but its the principle, if they say stuff like "I need to honour my contract" then surely they need to honour the procedures; hence why I'm fighting it..

So am i wrong or are they wrong? Thanks for anyone respones.
« Last Edit: 10-11-16, 10:10AM by 1man2jobs »

blutopia

  • Smart Arse
  • *****
  • Posts: 509
Re: Attendance review
« Reply #24 on: 10-11-16, 10:26AM »
As stated on the 'Our Tesco' Website:
"If your absence is over the absence review level* you will be asked to attend an Attendance Review Investigation meeting. This will take place within seven days following the day you returned to work".

So (unfortunately for your case) my interpretation would be the first day following your return day = Thursday and therefore the 7th day following your return would be the next Wednesday.