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Author Topic: Short shifts  (Read 5914 times)

dfl

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Short shifts
« on: 22-11-19, 08:41PM »
Have a driver colleague who works 1800-2200 having to work for 2 hours only per shift, as no other shift suits due to commitments on xmas and new years eve and store shutting at 2000, not collegues fault this is happening as has asked for holidays or unpaid instead and management arent allowing it. Question :- if contracted 1800 - 2200 but through no fault of own gets sent home at 2000 would tesco have to pay the full 4 hours per shift instead of docking 2 hours per shift.
DFL

Welshie

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Re: Short shifts
« Reply #1 on: 22-11-19, 09:50PM »
Wouldn't think so as they have given your colleague the option to work hours at a different time .  Its unusual for a store big enough to have a dotcom not to have staff in packing out until 11pm on xmas eve  , could your colleague not finish their shift packing out ??
« Last Edit: 22-11-19, 09:51PM by Welshie »

Mr ford

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Re: Short shifts
« Reply #2 on: 23-11-19, 07:21AM »
If he don't like it. Tell them to find employment elsewhere. 

lucgeo

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Re: Short shifts
« Reply #3 on: 23-11-19, 07:30AM »
 8-) helpful not! Pointless reply :-X

As the store is closed, for half of their shift, and alternative hours are unsuitable due to commitments, then your colleague should be given the choice to take as holiday, unpaid, or pay the time back...they shouldn't be asking him to work less than three hours on a stand alone shift, regardless of the fact he is unable to tweak his shift to accommodate. Is he really so important to the store that they need him in for two hours, and to disregard policy?
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dfl

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Re: Short shifts
« Reply #4 on: 25-11-19, 05:51PM »
Thank you lucgeo, this is the point other shift have been offered which aren't suitable, the employee did offer to cover one which was but the manager turned it down (go figure), think manager is being a  gland
DFL

dfl

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Re: Short shifts
« Reply #5 on: 25-11-19, 05:56PM »
Also do you know where in policy's it says minimum 3hr shift and also that unpaid should be allowed.
DFL

lucgeo

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Re: Short shifts
« Reply #6 on: 25-11-19, 06:35PM »
Is the colleague a non Union member?? A rep would have that information, or they could 'phone the Tesco helpline or USDAW area office number for clarification. I no longer have access to the policies online, perhaps another poster could provide a link?

It has always been in the partnership agreement that no stand alone shift should be less than three hours, and the fact that he has offered to do an available shift, which has been refused, proves in his favour that the manager is acting unreasonably.

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dfl

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Re: Short shifts
« Reply #7 on: 25-11-19, 07:58PM »
Non union
DFL

lucgeo

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Re: Short shifts
« Reply #8 on: 26-11-19, 06:33AM »
Well there's nothing wrong with him asking the rep, or phoning up for clarification of the policy agreement, or ask where it can be found in the online policies, for printing off?  It's not a union only policy, so there is no reason as to why they shouldn't clarify.

As for the manager, I would ask for a lets talk, and produce the policy, or state that the union have clarified the policy, so will therefore be unavailable for that shift, but is still available for the shift that was refused. Therefore, he will take as paid holiday, as to deliberately refuse an offer of alternative shift, resulting in loss of income and therefore is suffering a detriment.

No joy 8-) grievance, based on the above.
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dfl

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Re: Short shifts
« Reply #9 on: 26-11-19, 08:15AM »
Guy was a union member but honestly in my experience of the union the advice on here is much better, thinking of coming out the union myself
DFL

lucgeo

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Re: Short shifts
« Reply #10 on: 26-11-19, 09:53AM »
Then there's nothing wrong in you asking your rep for clarification, or phoning USDAW area office to make the enquiry as a union member.
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genome

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Re: Short shifts
« Reply #11 on: 26-11-19, 07:16PM »
working hours policy

4. What are my contractual hours of work?
In our Stores, Offices, and Customer Fulfilment Centre’s for productivity, health and safety reasons and fairness colleagues should not be contracted or paid to work longer than 12 hours or less than 2 hours in one shift.
For all areas of the business, we also have a maximum on site rule of 16 hours in any day, so regardless of your paid hours, we would never expect someone to be on site more than 16 hours (inclusive of unpaid breaks). This applies to all colleagues including our salary paid managers.
 

lucgeo

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Re: Short shifts
« Reply #12 on: 27-11-19, 06:47AM »
 ??? What date is that policy  ??? Has it been revised  ??? Thank you for providing it, I am truly shocked, it has always been 3 hours stand alone, I was quoting it myself last Christmas when a fellow flexi contract colleague was asked to come in, and I wasn't challenged  ???
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Welshie

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Re: Short shifts
« Reply #13 on: 27-11-19, 07:56AM »
Lucego, I think you could be correct with the 3hr thing for a contracted shift, no contracted shift should be less than 3hrs.

80377494

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Re: Short shifts
« Reply #14 on: 27-11-19, 01:52PM »
lucgeo, its from May 2019.
These are the next 2 paragraphs.

Our minimum contract at Tesco is 7.5 hours per week, and no less than 2 hours on any contracted day. Where colleagues are on a flexible contract, the minimum core hours would never be lower than 7.5 hours per week, with any additional hours worked within your agreed availability window.
Flexible contract colleagues would never be asked to work fewer than 3 hours in any one shift (the total of core and any additional hours), nor would they have a standalone availability window of fewer than three hours.

dfl

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Re: Short shifts
« Reply #15 on: 27-11-19, 05:15PM »
So it refers to contracted shift being no less than 2 hrs, this colleagues contract is for 4 hrs per shift but is effectively being cut short to 2hrs due to store closure, this means the 2hr shift left over is not "a contracted shift" as the employees contracted shift is for 4, also begs the question if Tesco should be paying the employee for the full 4 hours per shift as they are being sent home through no fault of their own after 2 hrs ?
DFL

genome

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Re: Short shifts
« Reply #16 on: 27-11-19, 06:36PM »
??? What date is that policy  ??? Has it been revised  ??? Thank you for providing it, I am truly shocked, it has always been 3 hours stand alone, I was quoting it myself last Christmas when a fellow flexi contract colleague was asked to come in, and I wasn't challenged  ???

checked the change log and it was added (not changed) october 2018.

October 2018
[...]
Minimum 7.5 hour weekly contract, preferably over 2 or more days and 2 hour minimum daily contract added

 

dfl

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Re: Short shifts
« Reply #17 on: 27-11-19, 09:52PM »
But in this case I'd think it's more a case of it is already a 4 hour contract per shift but the employee is only being permitted to work 2 as shop closes, would that still mean due to be paid the 4 hours. The plot thickens
DFL

lucgeo

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Re: Short shifts
« Reply #18 on: 28-11-19, 07:24AM »
lucgeo, its from May 2019.
These are the next 2 paragraphs.

Our minimum contract at Tesco is 7.5 hours per week, and no less than 2 hours on any contracted day. Where colleagues are on a flexible contract, the minimum core hours would never be lower than 7.5 hours per week, with any additional hours worked within your agreed availability window.
Flexible contract colleagues would never be asked to work fewer than 3 hours in any one shift (the total of core and any additional hours), nor would they have a standalone availability window of fewer than three hours.

Thanks for that...is it me?? Does the second paragraph not contradict the first??

@DFL. I would have your colleague print off the second paragraph and take it to your SM, stating that he feels the manager is being deliberately unreasonable, explaining his offer to work, but an available suitable shift was denied him by this manager, which results in FORCING him to lose payment of a full shift over the two days.
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dfl

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Re: Short shifts
« Reply #19 on: 28-11-19, 08:44AM »
Lucgeo, cheers I will speak to my friend, I think your view is sound
DFL

dfl

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Re: Short shifts
« Reply #20 on: 28-11-19, 08:47AM »
Also meant to say, the employee isn't on a flexible contract in this case, is contracted on the 1800-2200 hrs, so has been very fair with offering to cover a shift outside of it even if it was only one, but to get the offer turned down by the manager
DFL

dfl

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Re: Short shifts
« Reply #21 on: 09-12-19, 08:10AM »
lucgeo, its from May 2019.
These are the next 2 paragraphs.

Our minimum contract at Tesco is 7.5 hours per week, and no less than 2 hours on any contracted day. Where colleagues are on a flexible contract, the minimum core hours would never be lower than 7.5 hours per week, with any additional hours worked within your agreed availability window.
Flexible contract colleagues would never be asked to work fewer than 3 hours in any one shift (the total of core and any additional hours), nor would they have a standalone availability window of fewer than three hours.

Thanks for that...is it me?? Does the second paragraph not contradict the first??

@DFL. I would have your colleague print off the second paragraph and take it to your SM, stating that he feels the manager is being deliberately unreasonable, explaining his offer to work, but an available suitable shift was denied him by this manager, which results in FORCING him to lose payment of a full shift over the two days.
info given to s.m. and it has been ignored, no communication at all returned, wonder if employee could have small claims for unpaid wages as contracted to 4 hrs but will only get 2 per shift at best
DFL

Redshoes

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Re: Short shifts
« Reply #22 on: 09-12-19, 08:20AM »
Manager has to justify where hours go. The moving hours at Christmas has to be a two way thing. The manager needs not to be stubborn and doctoral about it but if alternative hours offered by colleague are not needed there has to be a compromise on both sides and should have been resolved long ago.

dfl

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Re: Short shifts
« Reply #23 on: 09-12-19, 02:44PM »
Agreed but employee had already offered another shift which was needing covered and the manager refused it, so really surely employee having made themselves available to the employer for the 4 hrs per shift and then being made to go home is legally entitled to be paid in full
DFL

lucgeo

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Re: Short shifts
« Reply #24 on: 09-12-19, 07:14PM »
It is illegal to withhold payment...which is happening here.

Colleague offered to work available alternative shift
Manager refused
Colleague sought assistance of the SM...stating loss of income and unreasonable refusal
SM has not followed up

Colleague now needs to ask the SM for an update.
No update, no response??
Grievance the store for refusing a reasonable request, and their intent to withhold contracted shift payment.
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