Hi! I've literally just found this forum and hoped you could help me with something!
So my new manager has started doing availability meetings with everyone (checkouts) and according to everyone she has been forcing everyone to extend their flexibility, even if they didn't want to.
One colleague for instance, has been made to extend her flexibility from 9am-2pm (she has 2 pre-teen kids) to 9am-9pm! Said colleague came out of the meeting in tears (with good reason). Another colleague got told that she had to be flexible on a certain day, even thought that is the day she babysits her granddaughter for her daughter, because in my managers words "that's not important".
She also told another colleague that they either find ways to become more flexible or move departments.
I'm due to have my meeting tomorrow and I'm dreading it.
My boyfriends is still currently working from home, and as such they've changed his hours. So because our 2 young kids have been off nursery, I've been having to turn down overtime. I do understand that I'm breaking my flexi-contract by doing so, but this is beyond my control and she's been less than accommodating. She hasn't spoke to me once about it, every time, she's sent over a Team Leader to come and tell me instead.
So my current contracted hours are Tuesday morning and Saturday 12-6. My current flexibility is 2 mornings a week, as that is when my children are at nursery, and a few extra hours on the Saturday. But taking my boyfriends current hours into consideration I could probably be flexible Wednesday, Thursday and Friday for 4 hours an evening. But I doubt this will be forever, maybe another few months maximum.
Sorry for all the waffling, I just wanted to get all the information in there.
My question is, is my manager allowed to force us to be flexible on days we really don't want to be or on days we really can't be? Like could she threaten me with the sack as I'm only flexible 10 hours a week due to only being able to afford for my youngest child to be at nursery 3 mornings a week?
My old manager had no problem with any of this, she even cut my 22 hour contract to a 10.25 after having my 2nd child as they were the only hours she could offer me. I thought Tesco was all about being family-friendly and looking after working parents?
When filling out your availability sheet, you put when you can reasonably work and that's it. Your manager can't force you to say you're available to work days and hours you're not. What I recommend is that you put what you would like to be flexed up to and that's it. If you know you don't want to do evenings, don't say you can do them. At the end of the day it doesn't take long for you to ask to change your availability if you want to add them in at a later date.
If I was the workers that have been forced to fill out the availability sheet under pressure and force from a manager, I would be raising a grievance and going to the union. Your manager should not be pressuring you or making you leave in tears.
Thanks for replying!
I thought so to! As long as I've signed to say that's my availability, what gives her the right to change it?
As far as I'm aware 3 colleagues in the space of 6 months have all called the confidential hotline on her but nothing ever seems to get done about it...
Don't be bullied. These jobs are not worth the stress that they bring so many of us. Best of luck and try not to let it worry you.
Yep, you put when you're available on your availability sheet, don't be forced to change your life just so they can flex you up for 4 hours extra because it suits them.
If the confidential line isn't working please go to the uni, they get a bad rep from some people but they can genuinely help you if you've a good rep that's willing to challenge things. You've got a clear case of people being pressured by a manager here
What is T* policy on babysitting grandchildren, out of interest?
Asked for a copy of your availability sheet.
:question: is manager also required to sign/date employees availability sheet ? (if not they should be)
Quote from: grim up north on 04-09-20, 03:16PM
What is T* policy on babysitting grandchildren, out of interest?
It's not really any of their business as to why you aren't available if it's not your contractual hours anyway is it? :)
Quote from: MistPand on 04-09-20, 11:26AM
Hi! I've literally just found this forum and hoped you could help me with something!
So my new manager has started doing availability meetings with everyone (checkouts) and according to everyone she has been forcing everyone to extend their flexibility, even if they didn't want to.
One colleague for instance, has been made to extend her flexibility from 9am-2pm (she has 2 pre-teen kids) to 9am-9pm! Said colleague came out of the meeting in tears (with good reason). Another colleague got told that she had to be flexible on a certain day, even thought that is the day she babysits her granddaughter for her daughter, because in my managers words "that's not important".
She also told another colleague that they either find ways to become more flexible or move departments.
I'm due to have my meeting tomorrow and I'm dreading it.
My boyfriends is still currently working from home, and as such they've changed his hours. So because our 2 young kids have been off nursery, I've been having to turn down overtime. I do understand that I'm breaking my flexi-contract by doing so, but this is beyond my control and she's been less than accommodating. She hasn't spoke to me once about it, every time, she's sent over a Team Leader to come and tell me instead.
So my current contracted hours are Tuesday morning and Saturday 12-6. My current flexibility is 2 mornings a week, as that is when my children are at nursery, and a few extra hours on the Saturday. But taking my boyfriends current hours into consideration I could probably be flexible Wednesday, Thursday and Friday for 4 hours an evening. But I doubt this will be forever, maybe another few months maximum.
Sorry for all the waffling, I just wanted to get all the information in there.
My question is, is my manager allowed to force us to be flexible on days we really don't want to be or on days we really can't be? Like could she threaten me with the sack as I'm only flexible 10 hours a week due to only being able to afford for my youngest child to be at nursery 3 mornings a week?
My old manager had no problem with any of this, she even cut my 22 hour contract to a 10.25 after having my 2nd child as they were the only hours she could offer me. I thought Tesco was all about being family-friendly and looking after working parents?
Ok, let's take this paragraph by paragraph...
No colleague can be told/forced to extend their availability, they can be asked only.
A colleague cannot be made to extend their flexibility by 7 hours...this is not a RHRP situation, and even then there would be procedures to follow, and only a two hour window either side, would be considered a reasonable request .
A colleague cannot be instructed to make themselves available on a specific day they do not, at the moment, work. A comment of " that's not important" should be answered..." Not to you perhaps, but it is of extreme importance to me!"
A thinly veiled threat of risking your current role in your department unless you play ball, is bullying and harassment.
Your lack of flexibility during these " uprecendated times", should not be treated as breaking your contract...you have two young children and no nursery care. DO NOT agree to different/extra hours, as these are only to be temporary, but your availability sheet will be referred to for a great deal longer, and you could risk your future employment for "not fulfilling your contract"
Are non of these colleagues Union members?? This should not be happening, you can request a union rep attend these meetings with you, or colleague if you're a non union member. They make notes on what is said/ threatened. You all could place a group grievance against this manager, for bullying and harassment.
DO NOT agree to change your availability, unless you are happy to change it. Call her bluff...tell her you have spoken to "the union's area office" about your concerns.
Just as an aside...did you want to drop your contracted hours, by over half, on returning after having your child,
Just finished the meetings and now I will be contracted to 2 departments 15hrs GM and 15hrs Grocery. I now have 2 managers and 2 departments to fight over holidays. Is this allowed ????
You should only have to request holidays with one manager , I am contracted 2 departments and I only deal with one manager for holidays etc then I inform the other manager what has been agreed .
You need to get in writing which manager you put request to or you'll never get your holidays agreed.
Cheers
Usually its the manager you do the most hours for who deals with your holidays or other time off requests, clearly could an issue if your hours are split equally between two or more departments as in the case above, can only agree with the get something in written down, and ask for a copy as its strange how often paperwork like that goes "missing"
On paper you can only be contracted to one dept so it will be that manager who you book holidays with but what tends to happen is the managers talk and confirm between them that the holidays are fine for both Depts. You will show on the tablet as one dept and it will have to be a weekly move done by your manager.
You also need to think about overtime. Priority should be given to your main dept but you can do overtime in both. This can depend on the Depts but as its GM and grocery it will depend on the size of the store. The smaller the store the bigger the flow between the Depts is.
The big things is that the managers get on. We have a few people who do this in our store and no issues. We had one who had just one shift in PFS but rest on checkouts and his overtime tended to be more in PFS as its harder to fill but managers worked together on this. He has now retired but it worked well. The key thing that can get lost when it's two Depts is the time between shifts. You should have 11 hours, just make sure this happens for you.
Quote from: billandben on 05-09-20, 11:53AM
Just finished the meetings and now I will be contracted to 2 departments 15hrs GM and 15hrs Grocery. I now have 2 managers and 2 departments to fight over holidays. Is this allowed ????
Is this a change of dept's, due to your current position being no longer, affected by restructuring? If that is the case, then this move should be on a four week trial. Therefore do not sign any new contract, until you have established, in writing, which department takes priority with regard holiday bookings, overtime loyalty etc..this should have been covered in your meetings, as it is a 50-50 split, so neither dept can automatically take priority.
Do not be fobbed off with verbal assurances, as managers come and go, and what may have been agreed with one, may not sit well with the new broom wanting to sweep clean. It should not be left to you to try to secure holiday bookings, by fitting in with two dept's availability, depending on whether each dept manager are in agreement or 'get on'. This is unfair and you would be suffering a detriment.
Any holidays you have already booked, will transfer over and stand, they have to be honoured by the new dept's managers.
Can I just push the point that you MUST get in writing which manager you report to re; holidays , family or health issues . You only need your holidays to then fit in with one department, yes managers talk but that's just tough on the other manager , if you have it in writing which department you request holidays through then your holidays only need to fit into that departments holidays .
As I said , I'm contracted 2 departments and would never get my holidays if I had to suit both departments .
Cheers to all for the addvice. I now have found out that 1 of my old shifts have been given to another member of staff who had is hours increced even thou GM had to loos hours. Not happy
As you were requesting a change in hours because you were unable to do the shifts and have now been accommodated with a move in hours I don't see the problem. You were told that your old shifts were needed, they have now filled them. Generally there is minimal recruitment just now so if shifts were needed they would go to someone else.
If it's a matter of the shifts you wanted going to someone else, you don't know the inside information. They may have a better case than you for getting them. They might also have had issues that required a move, they may have waited a long time.
8-). Have I missed something here ??? Has billandben posted on a different thread about requesting change in hours ???
Quote from: Redshoes on 08-09-20, 03:19AM
As you were requesting a change in hours because you were unable to do the shifts and have now been accommodated with a move in hours I don't see the problem. You were told that your old shifts were needed, they have now filled them. Generally there is minimal recruitment just now so if shifts were needed they would go to someone else.
If it's a matter of the shifts you wanted going to someone else, you don't know the inside information. They may have a better case than you for getting them. They might also have had issues that required a move, they may have waited a long time.
Someone else maybe very or very very good '
friends' with the manager, or maybe related to them ;) ;)
first rule of working at T, ....dont be bullied.they will try.
It looks like staff were moved out when they were told how many hours they had to loose before they got the heat map. They have had to increse some staffs hours to fill the shift they should not have moved in the first place, (I did not ask to be moved.) Another great mess up by store management
If they have moved you out of a shift and given the same hours to someone else, that is highly questionable ??? If it was a redundancy situation, that shift could not be filled for 6 months...so I'd seriously question their move here, as they have based it all on a supposition, have gone through RHRP meetings, without a heat map... how can they have achieved the agreement from CA's, without having the full facts available, it is the right of every CA being asked to change, to be presented with the heat map and a business case if requested. Also a rep should have been made available to attend all meetings. If a rep attended, why wasn't this all questioned by them??
P.s. If you haven't as yet signed the new contract, DON'T...if you want any or all your original shifts back, they should be made available to you until they have conducted the RHRP correctly.
My store is just wrapping up the Work and Pay eLearning with all of us. Some of my colleagues, particularly the older ones, are under the impression that with the new system they are no longer going to have their contracted shifts due to 'managing by hours'. They are worried that if for example they are contracted 12-4 Monday, that could be changed to 4-8 that day or moved to another day entirely. In addition to whether this is indeed the case or not, how would that work around their availability. I dont really know what it is myself and our managers aren't too keen to help clarify things so any help would be appreciated!
We are doing our training for Work & Pay. We have had to clear up some of the availability forms because of this.
Contracted shifts stand. Being able to move a contracted shift only applies to full-time flexi workers who have to show huge availability.
Availability has to show 2 days off a week and you can only flex up one side of a contracted shift. For example if you work 1000-1400 you can flex to 0600-1400 or 1000-1900 but not a bit either side. You have to have a minimum of 9 hours a week flexibility.
The tablet will flex people up to cover overtime but it can be adjusted/amended by your manager. You can pick up overtime outside the new availability but the tablet issues on lower availability. Overtime will be issued to flexi workers first but only within new much lower window. Fixed contracted people pick up overtime in the old way, but after tablet has issued flexi.
Holidays still done on holiday forms but managers book holidays via the tablet. Managers can amend colleagues personal details via the tablet so if you get married or move house it can be updated in the tablet by your manager. Manager put own shifts into tablet. Colleagues shifts are as per the registers so contracted hours then flexi. So if you are contracted to different hours to what you work this will have to be amended by your manager every week.
I had to fill in a new availability form a few weeks back where I had to have a 9 hour window of availability or something like that. I'm Flexi but only part time so not sure how anything would change for me. As I say a lot of the older folks are confused and a bit worried by it. So they wouldn't just move someone who's been doing say 12-4 on a Monday for a few years now to any four hour shift on any day? If you're four hours or whatever are for Monday then you should still retain that?
By the older folk...do you mean long serving colleagues?? If this is the case, then they are probably on permanent contracts, and not affected by flexi availability.
If they are on flexi, then they can only be asked to flex on their contracted days...so no, they can't be told that they now have to work or swap to a day that is not on their availability form, and lose the contracted day that they now work.
Your core hours are your contracted hours.
- If flexi part-time you will be flexed up around your core hours.
- If you are full-time flexi you still have core hours but these can change but this is not a weekly thing, it should only be exceptional circumstances.
- if you are fixed hours you will pick up overtime the old way but it will be what remains after flexi shifts are issued.
Me and a few others were pulled into the office today regarding flexibility and told to fill out flexible contract availability forms. I’m full time with 13 years on a fixed contract so all the talk about being “as flexible as possible†has me concerned they are trying to move us over to flexible contracts. Is this possible?
NO!! >:( do not fill in any flexi availability forms...if you're full time on a fixed set contract, you are already working to that agreed contract, and cannot be contracted to more than 36.5 hours per week.
sounds Like they’re trying it on with you.
Hey can someone please help me my inform availabilty app password as expired could someone help me get back in or can i use another stores log jn details. Any help you be appreciated
Quote from: lucgeo on 23-09-20, 06:03PM
NO!! >:( do not fill in any flexi availability forms...if you're full time on a fixed set contract, you are already working to that agreed contract, and cannot be contracted to more than 36.5 hours per week.
d
Everyone has an availability sheet, it needs to be updated annually now but then after that it's updated at request. You can't be moved onto an flexi contract without being asked and it will trigger a new contract to be signed. availability sheets are also put out during consultation periods, so if changes are being made in dept. I suspect though that this is just to look at hours I. Dept in relation to heat map. If hours need to be moved/tweaked it should be everyone and not just the odd few that are looked at. Looking at it does not necessarily mean change though.
It was, up to two years ago, that no one on a permanent contract were obliged to provide an availability sheet, has this now changed?? Has there been another erosion of the partnership agreement ??? Can you clarify that this is the case.
If not...then the manager can ASK a permanent contract employee, to fill in an availability form, but that employee is under no obligation to provide one. Indeed a permanent set contract is just that...a contract of set hours, any more hours worked are at the choice of the colleague and called overtime. Probably why the flexi's are getting allocated the overtime first, which, in my opinion, is at a detriment to the permanent contract employees.
Thinking more on the above, why are colleagues on a fixed contract being asked to fill in availability forms, as the flexi's are allocated extra hours first?
Only RHRP consultations should deal with the flexibility of fixed term contract employees. If there is a need to tweak hours, preferably within a two hour window, then there are set procedures in place with consultations, which will be gone through individually with each colleague, with a union rep, or chosen colleague in attendance, to support and advise.
As Redshoes has stated, everyone's hours should be looked at during these consultations...it is not for a manager to drag in the odd few, stating they need to change contracts, or adjust their hours and flexibility quoting " needs of the business", its on the SM 's instructions, or they risk losing their job if they don't change...any suggestions of job insecurity due to lack of change, is false and constitutes bullying.
Don't let them force you.It seems bully boy tactics are being used by managers all over.Only put down what you know you can do.Yoy can also use the comment box to add that you could possibly do x y or z until such a date then review but only if you want to.I once wrote on mine...working under duress.Good luck
My manager is currently doing our heat map too. I'm being made to feel guilty because I don't want to work overtime. She asked why and I was honest. I don't need or want to be there more than I need to (I work full time). She has told me that because I'm a team leader I should think if I want to be in that role or not if I can't be flexible.😡 I explained that my partner works Mon-Fri, I work day every week do I wanted to keep Sunday free for spending with him. I'm not contracted to a Sunday currently. I also took the opportunity to ask about dropping a shift each week. It didn't go down well.
Guilt tripping seems to be the norm and by the way its a form of bullying don't put up with it.If it's anything like our store it's operationally struggling now less staff than ever.Nobody wants to be there anymore than they have to.Looks like it's starting to bite ,yeah there's overtime nobody wants it.
Not sure about Sunday's and being a Team support. Managers can't opt out of Sunday's and I think it's the same for TS however you can say you don't want on a rota but will pick up from time to time. You can also request time back. I have known of one TS who stepped down over Sunday's.
Then there is the fixed or flexi contract. If flexi the new rules is you have to show something like 55 hours flexibility if full time but that must exclude Sunday's. If part-time you need to show 9 hours flexibility but again not on a Sunday.
At some point though the jobs will all go to shift leaders.
Redshoes "Managers can't opt out of Sunday's and I think it's the same for TS....."
https://www.gov.uk/sunday-working (https://www.gov.uk/sunday-working)
QuoteAll shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on. They can opt out of Sunday working at any time, even if they agreed to it in their contract.
I am unable to find the section that says managers are an exemption, can anyone help :question:
Quote from: Daredevil on 09-10-20, 05:48PM
My manager is currently doing our heat map too. I'm being made to feel guilty because I don't want to work overtime. She asked why and I was honest. I don't need or want to be there more than I need to (I work full time). She has told me that because I'm a team leader I should think if I want to be in that role or not if I can't be flexible.😡 I explained that my partner works Mon-Fri, I work day every week do I wanted to keep Sunday free for spending with him. I'm not contracted to a Sunday currently. I also took the opportunity to ask about dropping a shift each week. It didn't go down well.
You're not currently contracted to Sunday's, then you can't be made to work Sunday's, it's classed as overtime which is VOLUNTARY. She should not be " insinuating " your position is at risk if you don't work Sundays, ask her to put that statement in writing. All Sunday working in most retail is subject to opt out, though I'm unsure regarding Management, as they are salaried, and their agreed contracts differ somewhat..however I would expect their contracts to specify their terms of contract regarding Sunday working, and whether opt out overrides that contract?? TS is not a managerial position, hence the reason they are on a higher hourly rate.
With regard dropping a day...this has to be mutually agreed, and needs to fit in with needs of the business, so the day you would like to drop, may well not suit the department. Perhaps suggest the quietest trading day for your store, usually a Monday, which would give you two days weekends.
@ Redshoes
A TS who stepped down over Sunday working ??? If that was stated and accepted as the reason for stepping down, then that TS has suffered a detriment. The company is under no obligation to offer more hours or extra shifts to anyone opting out of Sunday working, but that colleague cannot be penalised by loss of position or a lower income ( dropping pay grade) for opting out, which has happened here :-X
Taken from working rights uk....
A contract of employment may include a clause obliging an employee to work on Sundays. This obligation may be a regular commitment or an occasional request. Either way, an employee with such a contract must be ready to work on Sundays.
A written statement of terms and conditions may contain similar wording to a contract. Any employee unsure about Sunday working should read his or her contract or terms and conditions.
An employee with a contract that fails to mention Sunday working does not have to work on Sundays. An employer who wants such an employee to work on Sundays must change the contract.
The employer and the employee must agree to the contract change. An employee is not obliged to accept a change that adds Sunday working to the contract terms.
When a contract does not include Sunday working, any attempt by an employer to make an employee work on Sundays is a breach of contract.
I am unable to find any online material that states salaried staff are to be treated differently regarding Sunday opt-out rights.
Again from .gov website
QuoteAll shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on. They can opt out of Sunday working at any time, .even if they agreed to it in their contract
Or are we saying MM/salaried staff are not workers.
Nope...that was the reason I was given by a manager when I queried why he didn't opt out of Sundays, as he had a young family, and was rarely off on a Saturday. He said it was because he was a salaried manager and in his contract. Obviously some senior had fed him that line :o
Anyway, your website find is worth everyone noting for future reference :thumbup:
Likewise I've never seen any distinction made for management.
Though I believe manager are rota'd 5 days out of 7, so potentially they could effectively force themselves to a 4 out of 7 shift pattern.
Also on .gov https://www.gov.uk/employment-status/worker (https://www.gov.uk/employment-status/worker)
QuoteWorker
A person is generally classed as a ‘worker’ if:
they have a contract or other arrangement to do work or services personally for a reward (your contract doesn’t have to be written)
Thanks lucgeo, Knowing MM liking for Chinese whispers etc, I am always willing to be 'proved' wrong.
alf that is true, and not suffer detriment or dismissal for doing so.
Redshoes point me/us in the right direction if you can.
Not a detriment legally speaking.
But in reality, losing a day's pay is going put a lot of people off. Its one of those things, sounds nice in theory but in practice unless your circumstances suit, it's not practical.
I think very few would do it if it did not suit their circumstances. I believe for those that it does they can do it salaried or not and contract or not, unless somebody can prove otherwise.
:question:
Quote from: Redshoes on 10-10-20, 05:58AM
Not sure about Sunday's and being a Team support. Managers can't opt out of Sunday's and I think it's the same for TS however you can say you don't want on a rota but will pick up from time to time........................
Redshoes, have you found a link or information on managers being excluded from the government Sunday opt out laws :question:
Ohh...and by the way, did you manage to get clarification on colleague/ self serve ratio...as a checkout manager, that information should be readily to hand.
Thank you in advance :thumbup: