Advise needed please

[Dollydaydream]

Hi, I'm currently on a fixed term flexi contract and have not been at the store very long. The job I applied for did not state flexi or temporary just part time my core hours are 22.5 a week over 3 nights I've already picked up an extra shift for 2 weeks and have also agreed to Work additional hours on my core shifts totalling 36 hours a week. When I filled in my availability window I believed that shifts outside my core hours were optional only now after getting my offer of employment letter in my 3rd week have I read that refusal may lead to dismissal. I applied for the hours I knew I could commit to and the availability I put was as I knew that I may be able to do more on occasion. What are my rights to refuse additional shifts? Also I work 14+ hours elsewhere hence only really wanting the 22.5 hours advertised I have not opted out of the WTD and my combined hours if i work the shifts I have been would push me over the 48 could this be used to explain declining shifts? All advice greatly appreciated. I'm also concerned that the position is now a temp/fixed term is this the norm? I was even asked at induction if the vacancy was temporary and it wasn't stated as such just part time 22.5 hours.

[GreenGrocer]

My understanding is if you are flexi this goes both ways. So if you are already doing extra they have not had the decency to contract you for just tell them you have met the obligation of your contract by doing flexi shifts on XYZ dates. I have a guy contracted on a Saturday in my store he will do extra shifts throughout the year when he has not got any work in his 2nd job just to shut the LMs up and the rest of the time you wont see him for dust not even on Saturday because he has holidays, is sick or on unpaid leave.    None of my LMs know the rules and the PM sometimes doesn't say a thing as he knows the LMs will have no staff should the employee decide not to arrive for shift and there is nothing they can do.  Enjoy your contracted shifts if you choose

[londoner83]

Its a complex issue

Legally you are allowed to assume you are contracted to the terms you were employed on. If it wasn't mentioned at interview or in your offer letter that you were employed on a flexi contract - Tesco can't change your terms at a later date to suit them.

The only downside is you have no employment rights until you have been employed by Tesco for 2 years.

So whilst technically and morally you can refuse the flexi shifts if Tesco fire you there is little you can do.

[Dollydaydream]

Thankyou for replying. I only received my offer letter this week my 3rd week working. It detailed my start date and what I should do which was backdated to the date I started, though the letter date was for the day before I received it rather strange. This was given to me by hand on shift by my LM. 

[Dollydaydream]

Thankyou both for replying. Have to see what happens I guess was very much wanting a permanent position but I'm guessing if I refuse shifts on a temp contract I won't be there very long, however if the expectation is to drop everything to cover every shift in my availability it's hardly ideal. Live and learn

[Justwondering]

All new colleagues start on temp contracts, this is so basically of your not working as expected or off sick a lot within the first 12 weeks they can tell you your employment has ended.  With flexi contracts it's if it was agreed with the manager who has offered you the job and was mentioned in your interview.  I have done interviews with new starters and stated that it's 3 core shifts but will be flexed up to 5 when needed and agreed.

The issue you have is if you have signed a contract that states flexi and you have filled an availability form out stating hours available.  Your probably best having a conversation with your team manager, then your not worrying about something that may not be an issue there might be one day a week or every other week that you can say yes you can do, everyone has to compromise including your manager :-) 

[RubyRed]

It should have been made clear at interview and in your offer letter that you would be on a flexi contract and an availability form completed. You have to give 36.5 hours of availability to be a flexi.

I have been told that temp contracts should not be used to determine someone suitability for the type of work and temp contracts are only used when there is a true need i.e. Maternity cover, seasonal peaks

[Redshoes]

Over the years things change but just now the stores in my area only employ temp on flexi contract to start with. If you are being offered shifts at very short notice you can't do just say you have made plans but it would not hurt to ask to look ask to look at what else needs covering to see if you can help. There are ways of being asked to work and there are ways of saying no.

[Nikkih4586]

Can Tesco change some ones availability for instance if some said they can only work 4 days mon_ thur on the form can Tesco  make you work Thursday till Sunday  I always thought if you filled in availability form they could not change that to make you work days you did not put ... Tesco are saying 30 days notice is all they need to give because of needs of the business is this true

[wizard]

Nikkih4586 I think tesco has to give you 28 days notice and a week for every year you have worked for them up to 16 . No one has to work sundays you can op out . I have just been made redundant after over 30 years because of my availability (stock control) good luck

[turbo33]

advice needed. accident at work. no fault of the employer and no fault of the employee. long illness over 3 months. surgery needed. there are no sick hours because they have already used it before (surgery), is the employer obliged to pay ?? the employee is left without money and with damage to health. is the employer insured against such contingencies and should pay ?? who can help in this matter...

[lucgeo]

If employee a union member, they phone the area office and ask for advice and free 30 min legal advice from a solicitor.

Contact citizens advice, contact ACAS. Contact DWP. There's help out there.

Just been on citizens advice website, "accidents at work" it answers most of your questions..citizensadvice.org.uk

[lucgeo]

In fact if they scroll to sickness benefits, it covers what benefits you would be entitled to after an accident at work.

In fact a very informative website on a lot of employment issues 

[NightAndDay]

Its a complex issue

Legally you are allowed to assume you are contracted to the terms you were employed on. If it wasn't mentioned at interview or in your offer letter that you were employed on a flexi contract - Tesco can't change your terms at a later date to suit them.

The only downside is you have no employment rights until you have been employed by Tesco for 2 years.

So whilst technically and morally you can refuse the flexi shifts if Tesco fire you there is little you can do.

Though they can fire you without reason if you have under 2 years service, they can't fire you for anything that breaks discrimination laws or anything that violates your statutory rights.

On top of this, if there is one good thing that can be said about Tesco, it is that they are consistent in their policies (or at least try to be) even if your tenure is under 2 years and you can be sacked without reason, Tesco will still follow the process of whatever transgression you are causing to get you out of the business as opposed to sacking you out of the blue (unless you're in your probationary period).

In relation to flexi contract working, as long as you are fulfilling your core hours and doing the occasional overtime where possible, they can't discipline you, they also can't discipline you for refusing ot shifts outside of your availability hours.

[chris9997]

How can an accident not  be the employers or employees fault is there someone else's fault?

[NightAndDay]

Hi, I'm currently on a fixed term flexi contract and have not been at the store very long. The job I applied for did not state flexi or temporary just part time my core hours are 22.5 a week over 3 nights I've already picked up an extra shift for 2 weeks and have also agreed to Work additional hours on my core shifts totalling 36 hours a week. When I filled in my availability window I believed that shifts outside my core hours were optional only now after getting my offer of employment letter in my 3rd week have I read that refusal may lead to dismissal. I applied for the hours I knew I could commit to and the availability I put was as I knew that I may be able to do more on occasion. What are my rights to refuse additional shifts? Also I work 14+ hours elsewhere hence only really wanting the 22.5 hours advertised I have not opted out of the WTD and my combined hours if i work the shifts I have been would push me over the 48 could this be used to explain declining shifts? All advice greatly appreciated. I'm also concerned that the position is now a temp/fixed term is this the norm? I was even asked at induction if the vacancy was temporary and it wasn't stated as such just part time 22.5 hours.

As for whether your position is temporary or permanent, on your contract near the beginning it states the length of the position, as long as the "date to" field is blank, it's permanent.

Also it is legally questionable to advertise and interview a temporary role as a permanent role.

[randomworker]

Hi, I'm currently on a fixed term flexi contract and have not been at the store very long. The job I applied for did not state flexi or temporary just part time my core hours are 22.5 a week over 3 nights I've already picked up an extra shift for 2 weeks and have also agreed to Work additional hours on my core shifts totalling 36 hours a week. When I filled in my availability window I believed that shifts outside my core hours were optional only now after getting my offer of employment letter in my 3rd week have I read that refusal may lead to dismissal. I applied for the hours I knew I could commit to and the availability I put was as I knew that I may be able to do more on occasion. What are my rights to refuse additional shifts? Also I work 14+ hours elsewhere hence only really wanting the 22.5 hours advertised I have not opted out of the WTD and my combined hours if i work the shifts I have been would push me over the 48 could this be used to explain declining shifts? All advice greatly appreciated. I'm also concerned that the position is now a temp/fixed term is this the norm? I was even asked at induction if the vacancy was temporary and it wasn't stated as such just part time 22.5 hours.

Simple did you sign a terms and condition of employment and if you did why did you sign it when it was not what you wanted. If you haven't signed it ask for it and read there terms and if its not what you expected then explain to your store manager. If they can't accommodate you then walk away and go get another job.

[lucgeo]

This is Tesco all over....they advertise vacancies with shifts....people apply for the hours/ shifts advertised, as it fits in with their other commitments etc...they then invite you to a group interview, where you are asked to fill in an availability form...those just putting the advertised hours, their form will be unceremoniously discarded in front of the group and you won't get the job.

Tesco should be more "open and honest" when advertising vacancies, making it quite clear that the hours are base hours, and applicants will be required to provide extra availability hours, which they may be required to fulfill from time to time, to cover staff absences or busy trading periods.

Chances are, if you haven't signed they won't keep you on on the set hours, if you have signed, let them manage you out the business, at least in the meantime you can be paid whilst looking for another job...when you're pulled up about it, tell them you were not informed, at the induction, that you would be expected to fulfil those hours on a regular basis, and you only put them as a "one off, to help out with an unexpected emergency" as that was your interpretation and you weren't corrected on this assumption!!