Shift Leaders - HELP another one out...

[Youngmod93]

I posted something about breaks and what we are entitled to ages ago but wasn't allowed to delete it & cut of most of what i wanted to write.

So my questions today are;
1) We work 45 hours but only get paid 36.5hours.
Yes we're mean't to take 90 minutes break but near impossible and during that break you have to answer bells, you also can never leave the store as there's no cover.
But with the breaks takings out of that 45 hours we're missing 1 hour? where is that mean't to be.
2)i've been writing my breaks in the safe & legal but never get them paid.
3) I haven't been paid for 17 Sunday Premiums the last 6 pay checks and haven't been paid for any of my 4am Starts. I spoke to another shift leader who works two every week and he also doesn't get the night premium who works 2/3 shifts and he said its only a £5 so he doesn't bother moaning (all adds up) .
We both clock in & out and yet still not get paid right how is that even possible with the clock in system.
4) Who should i contact?as my manager isn't much help and my pay cleark is useless

Rant....
 worked this out and considering the financially side of things i'm not much better off as a CA.

I work 45 hours a week - Get 90 minutes break - Loose 1 hour every week = £375.59 divide 45 = £8.34 per hour wage. less then a CA
I work in TESCO EXPRESS where we're 1 on 1 most nights.

I'm going to step down due to the pay and you can't progress in the company as my next step would be shift leader to store manager.

My new role - i'm on £10.52x12 hours= £126.24 ( Due to 4am Starts x4 & One sunday shift) £8.42x 14 hours = £117 + £126.24 = £244.12 for 28 hours (30 minute break every shift) Only drama i have is that i've gotta find another £131 to make up to what i'm earning now but will have to jump from store to store to find 15 hours week ( shouldn't be hard as theres 10+ tesco in the area)

Thanks for reading 

[NightAndDay]

The SM authorizes break payments, legally speaking however, under working time regulations, you're meant to have at least a 20 minute break every 6 hours of working, I'm almost certain Tesco is on legally shaky ground as the safe and legal log book section doesn't legitimize the fact that you're unable to take your break, if anything it would probably incriminate them.

Anyway, I would go down the greivance route with regards to non payment of sunday premium and breaks, you would have a water tight case for constructive/unfair dismissal if they decide to manage you out of the business for it.

[Youngmod93]

Thank you for the the reply night & day sorry to be stupid question  but who do I put the Grievance  never done this before

[Redshoes]

PFS are paid additional time for going to and from store to kiosk. This took years but it sets a president that we should be paid for what we work. The company have put out a so called fix for express for now do its acknowledged issue. I say stay and fight it, I understand what you are saying but I expect the fix is temporary and something else is on the way. Shift leaders are needed and from what we all see on here they are difficult to keep. That makes this a company issue and not just a store one.

[NightAndDay]

Thank you for the the reply night & day sorry to be stupid question  but who do I put the Grievance  never done this before

You'd write out a letter detailing your grievance and address it to the SM, you said you already spoke to him about the issue (or another manager), depending on what their response was, if they said they're not paying you it, I would raise it with the SM (or if it's the SM that refused it) give in the grievance letter stating the reasons (not being paid sunday premium (a contractual element of pay)) and not being paid your breaks (stipulate working time regulations and Tescos own policy where if there are no other shift lesders, managers or step ups or if you're 1 on 1, you get paid 1.5 hours for it).

If the grievance isn't upheld talk to ACAS about your grievance mishandling, they'll reconcilliate between you and the SM, if the desired result hasn't occurred after that (you being back paid correctly) ACAS will help you going forward in setting up an employment tribunal.

[Rad]

If you have raised this with the store manager and he hasn't resolved it, call your people manager and ask them to visit you in store.  If they don't agree to come within a week, invite the area manager in.

With regards to the missing hour, this is because you are not being scheduled correctly.  Simply ask your manager to schedule you to start or finish 1 hour early or late.

If your people partner and area manager don't resolve the issue within a pay period.

Raise a grievance, send it to your store director.

[lucgeo]

You can email your people manager, then you have documented proof of dates. You have initiated the first stage by going to your SM, to no joy, a fact you should include in your email, this is now the second stage and you would be wise to stipulate a reasonable response date. If no reply then you email their boss, including the previous points.

It is illegal witholding payment, and you may have also been receiving pay at below the minimum wage, which is also illegal.

Ensure you have photographic proof of the times worked in the safe and legal book, before it goes AWOL!

[Morris999]

Youngmod93, the 1 hour your missing each week is easy to explain
You are contracted to do 36.5 hours per week, that works out at doing four 9 hour days and one 8 hour day, each day you have 1.5 hours break.
It looks like you are doing five 9 hour days and your SM is getting a free hour out of you each week!
It’s what’s called your early day.
I’d check your rotas to see if your SM is scheduling you in for five 9 hour days, if the SM is then they should be paying you for it!

[Anomalies]

Extract from the working hours directive on ourtesco.com

Please ask you sm to refer to this.


"Convenience Stores

In exceptional circumstances there may be situations where a colleague or manager is required to take their break while remaining on site as there is only one colleague/manager on duty. This may mean that their break time is disrupted. Where a colleague or a manager is required to stay on site for their break, this time will be paid.

Please note; regardless of the colleague or manager being paid, they must ensure that they take a minimum 20 minute statutory undisturbed break for every 6 hours worked. (Young Workers must take the appropriate statutory breaks: 30 minutes when 4.5 hours has been worked)."

[Anomalies]

Premiums as follows are also owed to be paid along with the addition hour you have mentioned as this is scheduled and not chosen, also when discussing this so far people have forgotten to mention this missing pay has also effected any holiday pay calculated for you that you have taken, this must also be calculated and back paid

"Premiums: You may be paid additional pay on top of your basic pay because you work some of your contracted hours at night, or on a Sunday or Bank Holiday. This additional pay is referred to as Premium. Premiums are still paid when you are off sick and are included within the holiday pay calculation.

Night Premium

You will be paid an additional £2.21 for every complete hour you work between midnight and 6am.

If you work a full shift overnight and your shift includes the hours of midnight and 6am, and also extends outside of the night premium window by at least quarter of an hour, you will qualify for an extra payment of up to a maximum of £2.21.

Sunday Premium

If you are contracted to work on a Sunday you will be paid an additional premium for every hour you work on a Sunday which is equivalent to a quarter of your hourly rate. This will show on your payslip as Sunday premium.

Bank Holiday Premium  

If you are contracted to work on a day a bank holiday falls and you do not take it as a holiday, you will be paid an additional premium for every hour you work on the bank holiday. This is equivalent to a quarter of your hourly rate and will show on your payslip as Bank Holiday premium."

This is due to how holiday pay is calculated,

"Your holiday will be paid at either your average earnings or your contractual pay, whichever is the highest. Your average earnings are based on the pay you receive in the 12 weeks before your holiday."

Please ask your sm to refer to the people policy section of ourtesxo.com if he is unsure of any of the policies as he is currently causing tescos to be in breach of contract with his employees which is a very serious matter

[Teddybonkers]

I'd forget about it @Youngmod93 cos there's no payrol budget to cover that many hours of unused breaks . As a wonnbe manager you're expected  to sacrifice your breaks in the interests of the business. You're not alone though, as there are loads of managers throughout the company who routinely work beyond their contractual hours without pay. Don't stress yourself out starting a battle over something you can't possibly win. And don't be fooled by any company guidance or directives covering the issue - its just BS to cover the themselves. Either suck it up or step down - life's too short.

[lucgeo]

If they're intending to step down, might aswell go for it. It's a disgrace the way senior managers exploit team managers, all the BS of "good for your development, your salaried, it's expected of you" is because they've been allowed to get away with it, and jiggle the figures to make themselves look good, with a big bonus in their sights.

[Anomalies]

In this case you are comparing a salaried manager to a hourly paid shift leader which are two different things, I know of several cases of managers being issued warnings for failing to follow this policy and one case of demotion.

This is not a guideline that can be bent it is policy that forms part of a contract, the control of the budgets is part of the managers job withholding pay due as part of your contract is illegal which is why it needs to be adhered to.

I believe the only exception is that you need to be one in one for a certain amount of the shift to be entitled to being paid for you breaks. I believe 5 hours but someone from express may be able to correct me if I am wrong. Not paying for premiums are hours rotaed above your normal working week is in no way optional and is breach of contract.

It makes me sad to see how flexible managers with in the company feel policies are and it is why the reputation of management team in general has become so tarnished.

[NightAndDay]

It used to be the culture that managers working unpaid through their breaks would do so for the benefit of the business, originally this was only expected for well paid salaried TM's and above, then it trickled down to TLs and step ups in some stores.

It is not only policy, it is the law that shift leaders should either get their contracted break entitlements or be paid for being unable to take it. The company can't expect loyalty in the same way Aldi does while paying half the salary that they do.

[lucgeo]

My apologies, I believed the poster was a TM not a TL, I still would think the same for a TM, but for a TL I'd definitely advise they submit a grievance

[NightAndDay]

He says he works in Express which would make him an SL, Express formats don't have TM's.

[overworkedexpresslad]

Dude, what ever you do do not step down. I am a shift leader in express and make sure I have my early day every week. I also get paid any breaks that i cant have if being 1-1.  All express store were given extra payroll when it came out that we had to be paid for breaks. don't let your manager bully you and not paid you anything you are owed, you should be working 36.5 hours a week and anything over you should be paid. As for not getting paid sunday premium you need to speak with personal as soon as you are back in the store. just a thought are you in the union?? if so give them a ring. Best of luck and don't let them win.

[Trickster]

I posted something about breaks and what we are entitled to ages ago but wasn't allowed to delete it & cut of most of what i wanted to write.

So my questions today are;
1) We work 45 hours but only get paid 36.5hours.
Yes we're mean't to take 90 minutes break but near impossible and during that break you have to answer bells, you also can never leave the store as there's no cover.
But with the breaks takings out of that 45 hours we're missing 1 hour? where is that mean't to be.
2)i've been writing my breaks in the safe & legal but never get them paid.
3) I haven't been paid for 17 Sunday Premiums the last 6 pay checks and haven't been paid for any of my 4am Starts. I spoke to another shift leader who works two every week and he also doesn't get the night premium who works 2/3 shifts and he said its only a £5 so he doesn't bother moaning (all adds up) .
We both clock in & out and yet still not get paid right how is that even possible with the clock in system.
4) Who should i contact?as my manager isn't much help and my pay cleark is useless

Rant....
 worked this out and considering the financially side of things i'm not much better off as a CA.

I work 45 hours a week - Get 90 minutes break - Loose 1 hour every week = £375.59 divide 45 = £8.34 per hour wage. less then a CA
I work in TESCO EXPRESS where we're 1 on 1 most nights.

I'm going to step down due to the pay and you can't progress in the company as my next step would be shift leader to store manager.

My new role - i'm on £10.52x12 hours= £126.24 ( Due to 4am Starts x4 & One sunday shift) £8.42x 14 hours = £117 + £126.24 = £244.12 for 28 hours (30 minute break every shift) Only drama i have is that i've gotta find another £131 to make up to what i'm earning now but will have to jump from store to store to find 15 hours week ( shouldn't be hard as theres 10+ tesco in the area)

Thanks for reading 

I'd forget about it @Youngmod93 cos there's no payrol budget to cover that many hours of unused breaks . As a wonnbe manager you're expected  to sacrifice your breaks in the interests of the business. You're not alone though, as there are loads of managers throughout the company who routinely work beyond their contractual hours without pay. Don't stress yourself out starting a battle over something you can't possibly win. And don't be fooled by any company guidance or directives covering the issue - its just BS to cover the themselves. Either suck it up or step down - life's too short.

As a shift leader your contract will say your hours of work are 36.5 hours anything above that you are paid overtime

As a Tm or SM it states that their  hours of work are 36.5 hours minimum that is the difference between TMs and shift leaders contract

The point of a contract of employment is a legal agreement between the employer and the employee. The company state the hours of work and how much you are going to be paid along with your conduct during them hours of work and in return they agree to pay whatever the hourly rate is quoted on the contract  for each and every hour . if you deviate from those hours or conduct during them hours then you are in breach of contract. if the company refuse to pay as per the contract they are not only in breach of contract they are guilty of non payment of wages

If they do not pay wages that are owed after you have given them an opportunity to make good the shortage in pay and they refuse to pay ANY part of what you are entitled to then they are breaking employment law at which point you go to Acas to concilliate. you fill in a form online at ACAS who will then appoint someone to conciliate with the company.  if the company then refuse then the application  goes to a tribunal  and providing you have proof of your hours i.e. rotas you will win.

If you check decisions on the tribunal website and put in Tesco you will find all cases concerning pay always are withdrawn by applicant in other words the company make an offer to settle in return for you to withdraw

If you are not able to leave your store for any of your breaks then this means you are on call and if you are on call you are entitled to be paid that is not only company policy but also the law. There are only select professions that you do not have to be paid for breaks and be on the premises, retail is not one of  them.

As for there is no payrol budget that is not your problem. The company policy is that the Store Manager is responsible for the rotas in store both Management and CA`s along with the distribution of the budget around the rota. If they do not train coach and rota resources to allow you to have an undisturbed break it is their problem and to use the words of tedybonkers  for you the Store Manager should suck it up and pay what you are entitled to or step down.

Personally I would  go through the grievance gather as much evidence as you can and then as someone has previously stated go to acas.

At the grievance be prepared for someone to support the Store Managers actions at all costs and try to belittle everything you are claiming so make sure you take good representation in with you, someone who would be willing to be a witness at a Tribunal if it went that far. From what I have seen in the many years in the company Grievances are pre-determined but you have to go through the process to take this further externally

 if they refuse to pay. Irrespective of advise to the contrary do not step down unless you want to. If what you are saying is correct then you are totally in the right.

If you did not follow your contract they would soon start disciplinary process against you so why should you not do the same. The law protects you if you are underpaid in your wages

overworkedexpresslad is 100% right and i too wish you the best of luck and agree don`t let them win.

[whatajoke2019]

I can't say too much at the moment in regards to Expr3ss as it would very well identify me but needless to say I'm hoping to be making a move in the near future.

Like you I've been one on one many a time yet our SM has always made sure they were well covered when they are in the building; I suspect a few of my paid breaks from the other week won't be sorted.

What's your working relationship like with your buddy SM? Have you had any dealings with them at all? If so, can you approach them? Hopefully you can and they are more pleasant than ours  .

[NightAndDay]

I posted something about breaks and what we are entitled to ages ago but wasn't allowed to delete it & cut of most of what i wanted to write.

So my questions today are;
1) We work 45 hours but only get paid 36.5hours.
Yes we're mean't to take 90 minutes break but near impossible and during that break you have to answer bells, you also can never leave the store as there's no cover.
But with the breaks takings out of that 45 hours we're missing 1 hour? where is that mean't to be.
2)i've been writing my breaks in the safe & legal but never get them paid.
3) I haven't been paid for 17 Sunday Premiums the last 6 pay checks and haven't been paid for any of my 4am Starts. I spoke to another shift leader who works two every week and he also doesn't get the night premium who works 2/3 shifts and he said its only a £5 so he doesn't bother moaning (all adds up) .
We both clock in & out and yet still not get paid right how is that even possible with the clock in system.
4) Who should i contact?as my manager isn't much help and my pay cleark is useless

Rant....
 worked this out and considering the financially side of things i'm not much better off as a CA.

I work 45 hours a week - Get 90 minutes break - Loose 1 hour every week = £375.59 divide 45 = £8.34 per hour wage. less then a CA
I work in TESCO EXPRESS where we're 1 on 1 most nights.

I'm going to step down due to the pay and you can't progress in the company as my next step would be shift leader to store manager.

My new role - i'm on £10.52x12 hours= £126.24 ( Due to 4am Starts x4 & One sunday shift) £8.42x 14 hours = £117 + £126.24 = £244.12 for 28 hours (30 minute break every shift) Only drama i have is that i've gotta find another £131 to make up to what i'm earning now but will have to jump from store to store to find 15 hours week ( shouldn't be hard as theres 10+ tesco in the area)

Thanks for reading 

I'd forget about it @Youngmod93 cos there's no payrol budget to cover that many hours of unused breaks . As a wonnbe manager you're expected  to sacrifice your breaks in the interests of the business. You're not alone though, as there are loads of managers throughout the company who routinely work beyond their contractual hours without pay. Don't stress yourself out starting a battle over something you can't possibly win. And don't be fooled by any company guidance or directives covering the issue - its just BS to cover the themselves. Either suck it up or step down - life's too short.

As a shift leader your contract will say your hours of work are 36.5 hours anything above that you are paid overtime

As a Tm or SM it states that their  hours of work are 36.5 hours minimum that is the difference between TMs and shift leaders contract

The point of a contract of employment is a legal agreement between the employer and the employee. The company state the hours of work and how much you are going to be paid along with your conduct during them hours of work and in return they agree to pay whatever the hourly rate is quoted on the contract  for each and every hour . if you deviate from those hours or conduct during them hours then you are in breach of contract. if the company refuse to pay as per the contract they are not only in breach of contract they are guilty of non payment of wages

If they do not pay wages that are owed after you have given them an opportunity to make good the shortage in pay and they refuse to pay ANY part of what you are entitled to then they are breaking employment law at which point you go to Acas to concilliate. you fill in a form online at ACAS who will then appoint someone to conciliate with the company.  if the company then refuse then the application  goes to a tribunal  and providing you have proof of your hours i.e. rotas you will win.

If you check decisions on the tribunal website and put in Tesco you will find all cases concerning pay always are withdrawn by applicant in other words the company make an offer to settle in return for you to withdraw

If you are not able to leave your store for any of your breaks then this means you are on call and if you are on call you are entitled to be paid that is not only company policy but also the law. There are only select professions that you do not have to be paid for breaks and be on the premises, retail is not one of  them.

As for there is no payrol budget that is not your problem. The company policy is that the Store Manager is responsible for the rotas in store both Management and CA`s along with the distribution of the budget around the rota. If they do not train coach and rota resources to allow you to have an undisturbed break it is their problem and to use the words of tedybonkers  for you the Store Manager should suck it up and pay what you are entitled to or step down.

Personally I would  go through the grievance gather as much evidence as you can and then as someone has previously stated go to acas.

At the grievance be prepared for someone to support the Store Managers actions at all costs and try to belittle everything you are claiming so make sure you take good representation in with you, someone who would be willing to be a witness at a Tribunal if it went that far. From what I have seen in the many years in the company Grievances are pre-determined but you have to go through the process to take this further externally

 if they refuse to pay. Irrespective of advise to the contrary do not step down unless you want to. If what you are saying is correct then you are totally in the right.

If you did not follow your contract they would soon start disciplinary process against you so why should you not do the same. The law protects you if you are underpaid in your wages

overworkedexpresslad is 100% right and i too wish you the best of luck and agree don`t let them win.

One very important facet of employment law regarding proper payment of wages is the 3 month rule, if you have been mispaid for years, you can only claim back 3 months + any future mispayments while the investigation conti ues, it's a stupid law that favours employers.

[Trickster]

As far as I am aware  any the latest withholding or shortage of pay has to be within the past 3 months however you can claim up to 2 years worth of shortages if the same non payments were taking place but you do have to have evidence to prove this.

In your case I would take a photo of the entries that you have made in the S & L books. The rotas for the said periods if you can and payslips for the period.

This should be sufficient evidence to prove the non-payment of wages (overtime) you are showing the expectation from your line manager, the fact that you have informed them that you are entitled to be paid and the fact that they have chose not to pay what you are entitled to.

This company have ripped shift leaders and team leaders in express off for many years and still continue to where they can and going forward following last weeks announcements of hours being cut further in Express they are going to try to exploit shift leaders further.........if we let them.

[forrestgimp]

The worst part for me of the missing hour is the fact that every week where the hour was worked someone had to do exceptions and tell the system not to pay it, So at least one person was fully aware of the hour being worked for free week in week out and chose to keep it to themselves.

[Trickster]

Absolutely 100% right.....Absolutely 100% disgrace.....and the seniors know this is going on without being checked why.....because they have little or no respect for the work and effort that shift leaders put in to keep the store running. people need to take the company and these employees that allow this to happen to task.

Someone in an earlier post mentioned that when the SM is running shift they seem to get extra staff to cover with them,  but shift leaders are left with the bear minimum, I have witnessed this week in week out, this along with what you have just quoted shows the respect most of them have for the shift leaders......very little or none and yet they expect us to give them respect and commitment.

It's time the worm turned.....and we fight and continue to fight for what we are entitled to....

[Cleaner1]

Dude, what ever you do do not step down. I am a shift leader in express and make sure I have my early day every week. I also get paid any breaks that i cant have if being 1-1.  All express store were given extra payroll when it came out that we had to be paid for breaks. don't let your manager bully you and not paid you anything you are owed, you should be working 36.5 hours a week and anything over you should be paid. As for not getting paid sunday premium you need to speak with personal as soon as you are back in the store. just a thought are you in the union?? if so give them a ring. Best of luck and don't let them win.

Union 

[Youngmod93]

Hello, i will keep you updated on my progress. I'm having a chat with SM today about my issues with pay & your comments will be great to question him on. I think they need to up our contract to 40hours with an entitlement of 1 hour break each day if they expect us to work 45 hours per week.

Me & SM get along fine but just don't like this pay system we have and how so many TL are getting shafted. I've spoken to a few TL from others store and they are having issues getting sunday premium rates. Also paid breaks are non existing, so like you guys said before its not just my store with issues. 

Thank you for all the feedback