Double Time on Sunday... uh oh

[Expressdude2016]

Ok, so how is this going to work in express. I'm contracted 5 days out of 7 and have worked most Sundays at D/T for the last few years, never liked it but told I have to do my fair share.
So, can I opt out from July for both Sundays and Bank Holidays and still do 5 out of 7?
It will affect our store massively and every other Express, if people decide to opt out.

I'm sure the manager will say your payment is towards topping up the Sundays worked at time and a half under the new contract and you will still have to work them. (What, work Sundays for the rest of my time with Tesco, which could be another 20 years for a poxy 18 months cushion payment.)

Why is there no option for redundancy, at the very least give the loyal, long standing staff a choice!

Hi Olive  No because Express contracts is 5 from 7 there is no opt out . ( Already tried that one myself)

[optout]

this is bull, anybody has the statutory right to opt-out of sunday working, unless they only work on a sunday.

Ask for an opt-out form and fill it in and you will wait between 1-3 months (with tesco it's usually one month),

Any problems speak to your area organiser and direct them to the Working Time Regulations/Directive re Sunday Opt-out. this should be common knowledge in retail, Any rep or manager that is not aware of this Legal Right, needs retraining, minimum.

If you do this, when you successfully opt-out let us know, because it seems to be a myth that is hard to crush. And one way of crushing the myth is by successfull people getting on here and posting about it, and letting their fellow workers know about it.

they may well make a fuss about it, but it will just be bluster, it is your legal right and they cannot stop you, no matter what they say.

[tasha66]

this is bull, anybody has the statutory right to opt-out of sunday working, unless they only work on a sunday.

Ask for an opt-out form and fill it in and you will wait between 1-3 months (with tesco it's usually one month),

Any problems speak to your area organiser and direct them to the Working Time Regulations/Directive re Sunday Opt-out. this should be common knowledge in retail, Any rep or manager that is not aware of this Legal Right, needs retraining, minimum.

If you do this, when you successfully opt-out let us know, because it seems to be a myth that is hard to crush. And one way of crushing the myth is by successfull people getting on here and posting about it, and letting their fellow workers know about it.

they may well make a fuss about it, but it will just be bluster, it is your legal right and they cannot stop you, no matter what they say.

https://www.gov.uk/sunday-working

[Bleh]

Ok, so how is this going to work in express. I'm contracted 5 days out of 7 and have worked most Sundays at D/T for the last few years, never liked it but told I have to do my fair share.
So, can I opt out from July for both Sundays and Bank Holidays and still do 5 out of 7?
It will affect our store massively and every other Express, if people decide to opt out.

I'm sure the manager will say your payment is towards topping up the Sundays worked at time and a half under the new contract and you will still have to work them. (What, work Sundays for the rest of my time with Tesco, which could be another 20 years for a poxy 18 months cushion payment.)

Why is there no option for redundancy, at the very least give the loyal, long standing staff a choice!

Hi Olive  No because Express contracts is 5 from 7 there is no opt out . ( Already tried that one myself)

Load of c**p I'm an express SM and one of my tls opted out... Nothing you can do.

[optout]

Good link

Also:

http://www.verylittlehelps.com/dloads/Sundayoptoutinp1.pdf

http://www.verylittlehelps.com/dloads/Sundayoptoutinp2.pdf

these are copies of tescos own opt-out forms, your personell manger should have copies of these.

If not, become a supporter on here (its only a couple of quid for a year, well worth it), then down-load the forms and fill them in and hand them to personell.

make sure you get a receipt for the form just in-case they 'lose' or 'misplace' it.

then keep working your usual for a month, and after that no more Sundays.

NOTE You do not need to give any reason for opting out.

Also Note: that you can opt back in to sunday working at any time in the future after giving some notice using the opt-in form.


Also NOTE that if you opt-out of Sunday working while on nights you are actually opting out of Sat*rday night-Sunday Morning shift.

this is just the basics, there are a few threads on here from the past dealing specifically with this subject if more info is required.



ps

Bleh (an express store manager agrees), what more comfirmation do you need.

[optout]

IMPORTANT NOTE

You may want to hold on for a while until you have received any payments due to you under the double time agreement. (or non-agreement).

[Rad]

Ok, so how is this going to work in express. I'm contracted 5 days out of 7 and have worked most Sundays at D/T for the last few years, never liked it but told I have to do my fair share.
So, can I opt out from July for both Sundays and Bank Holidays and still do 5 out of 7?
It will affect our store massively and every other Express, if people decide to opt out.

I'm sure the manager will say your payment is towards topping up the Sundays worked at time and a half under the new contract and you will still have to work them. (What, work Sundays for the rest of my time with Tesco, which could be another 20 years for a poxy 18 months cushion payment.)

Why is there no option for redundancy, at the very least give the loyal, long standing staff a choice!

Hi Olive  No because Express contracts is 5 from 7 there is no opt out . ( Already tried that one myself)

Load of c**p I'm an express SM and one of my tls opted out... Nothing you can do.

Bleh, what happens if all your shift runners opt out of a sunday?

[Bleh]

I'd have one hell of a long day, that or get a step up to run shift

[Rad]

And if they opt out?  You can see what im getting at?  Its a tricky one.  I'd say someone who is employed in a  5 over 7 role cant really continue in that role if they want to opt out of a Sunday.

[Bleh]

Know what you're saying still very little you can do to remove someone's right to opt out

[weir-07]

To clarify - when somebody opts out a company is under no legal obligation to move those hours elsewhere.

If an express colleague opted out of a Sunday whose normal work pattern included Sundays then an express manager could then recruit for that day or pay another colleague to cover it. In my experience when I was employed at Tesco more often than not the hours were moved elsewhere. Probably a different kettle of fish now...!

[olive oil]

But according to Gov.uk

'An employee can't be dismissed or treated in an unfavourable way for choosing not to work on Sundays'.

Surely taking hours off them would be deemed unfavourable!

[Bleh]

No you can remove hours... Good luck finding a tl who wants 7.5 hours a week contract mind.

[optout]

Rad

not just very little you can do,

ABSOLUTELY NOTHING YOU CAN DO

It is the law and surprise surprise the law trumps tesco policy OR what a tesco manager OR higher may 'feel is right'.


Its a big world out there, just because things don't go the way a store manger wants them to, doesn't mean there is recourse to some sort of 'do over' system in the 'needs of the business' domain.

tesco would in the end have to find some way to incentivise people to work on a sunday, (oh.. no...they just got rid of that didn't they).

I am sure there will be staff from other stores who will work on the sunday because they need the money, or maybe agency will fill the gaps. or they may employ people just to work on sundays (they would be exempt from the opt-out right)


or if you are a manager who has the genuine respect of his/her team, it is surprising how much people will do for a good manager who they genuinely like and respect.

[weir-07]

But according to Gov.uk

'An employee can't be dismissed or treated in an unfavourable way for choosing not to work on Sundays'.

Surely taking hours off them would be deemed unfavourable!

To put it simply the person made a contractual commitment to work Sundays. Its not the organisations fault that the person no longer wishes to continue to do this. They will not be dismissed for this, singled out, harrassed, bullied... etc. The law protects the colleague and allows one avenue/option of opting out of Sundays without leaving a job.

[olive oil]

Ok, so in my case I do not have to opt out working Sundays, as I commenced working for Tesco prior to 26th August 1996 and the law allows me not to work on Sundays.

Tesco will therefore have have to accept that my 5 days are based around the remaining 6.
What do you think?

[olive oil]

But according to Gov.uk

'An employee can't be dismissed or treated in an unfavourable way for choosing not to work on Sundays'.

Surely taking hours off them would be deemed unfavourable!

To put it simply the person made a contractual commitment to work Sundays. Its not the organisations fault that the person no longer wishes to continue to do this. They will not be dismissed for this, singled out, harrassed, bullied... etc. The law protects the colleague and allows one avenue/option of opting out of Sundays without leaving a job.

That's my point, I never made a contraual commitment to work Sundays only to work 5 days out of 7.  ( infact my contact says Mon - Fri)

[horatiocain]

As I understand it the contract stipulates your hours, unless it specified more than this when you opt out of Sunday working you do not opt out of your contracted hours. So provided hours are available elsewhere you should be offered alternative hours, that's how it has worked in my store for everyone so far who has opted out, although they did make them wait the full 12 weeks allowed.

[weir-07]

Could be worth a stab in the dark. You could argue that you never agreed to work the Sundays and simply will chose not to (provided continuous services since pre-26/08/1994 employment) or opt out...

But - lets play devils advocate... 

You should be prepared for a 'certain type' of Tesco Manager who will not accept what on the face of it is quite a straight forward request... So! Assuming you have continuously worked the Sundays previously as part of your normal working pattern... I would suggest a Tribunal would deem it as reasonable to believe that you have in fact agreed to work the Sundays. The very fact that a contract exists that includes Sundays as a day of available work (5 in 7) that has been agreed to and shifts had been worked to including the Sundays would be quite enough to argue that you had in fact opted in to Sunday working. To stop working them you need to opt out.

Could go round the houses back and forth to be fair. It depends on lots of variables... individual circumstances, the contract, what the persons work patterns are, how reasonable the manager is, if anybody is willing to move etc. Difficult to give a generalised concrete answer I think!

[weir-07]

As I understand it the contract stipulates your hours, unless it specified more than this when you opt out of Sunday working you do not opt out of your contracted hours. So provided hours are available elsewhere you should be offered alternative hours, that's how it has worked in my store for everyone so far who has opted out, although they did make them wait the full 12 weeks allowed.

I think that is how Policies for our People suggests it should be done (forgive me... years have gone by since I worked in Tesco) and this is what a reasonable employer would do - but is by no means protected or enshrined in law of a 'has to happen'.

[optout]

tesco under the partnership agreement, should try to find alternative hours, HOWEVER, nobody can say just how hard they will try, this is the downside. so assume just for securities sake unless you have a store manager (and personnell manager) that you can trust,that they won't, I am unsure how this would work in a 5 in 7 contract though. but you definitely cannot be dismissed for it.

there are a couple of threads on here that have dealt with these specific issues in the past if you try searching for them under 'sunday optout'.

[olive oil]

I think I will test the water when my manager informs me of latest changes.!!!!

Let's see what bovine excrement he comes up with.

[optout]

Remember, keep the peeps on here informed (anonimity allowing ofcourse), because without feed back the myth will continue.

[olive oil]

In the words of Arnie " I'll be back "

[optout]