verylittlehelps

Best advice.. Use it as a back up for other applications..

Quote from: hesketh on 05-02-24, 05:42PM

Quote from: Zx81 on 02-02-24, 07:08AM

Quote from: Zx81 on 02-02-24, 04:15AM

Quote from: hesketh on 01-02-24, 11:50AMLivingston was a very different case.

Tesco would go to the courts to argue that it is not justifiable to operate an entire payroll system for a couple of hundred employees out of 30,000+.

Once they have achieved that number, by getting rid of the few thousand warehouse legacy staff, they have a very strong argument. As Ursus said, good luck with their lawyers  
[/quote Livingston was Exactly the same case actually not everyone was on legacy and they attempted to fire and rehire, which they didn't manage

out of interest as you seem to have knowledge of Livingston's circumstances, could you run through the differences it would be handy to know, and the payroll issue is a red herring as modern payroll software can work out multiple pay differences as all dc,s are on a different rate, sounds like a technicality that wouldn't stand up in court, but that's me speaking not a Lawyer

As usual Tesco have bought a rubbish system. Whilst there are many different rates, the new contracts are all automatable requiring minimal managerial or clerical interventions. The "legacy" contract contains many options and arrangements that require much manual input. Our depot now has few managers that understand the structure and, I'm told, our wages dept has only one clerk up to speed. Maintaining and training that wage dept for a few hundred people can be argued to be too expensive and unnecessary.

The "Fire and Rehire" attempt at Livingston was about Retained Pay arrangements for employees from the previous depot. They were promised significant pay augmentation in perpetuity. Tesco's bean counters decided that they could save a fortune if they went back on the promise and screwed those employees over. Fortunately the Scottish courts kicked the idea out. However the issue has rumbled on in England with the union winning, Tesco winning the appeal and the union now appealing the appeal. We all know who wins these things in the end eh?

'We all know who wins these things in the end, eh?'

Did you follow the two day supreme court hearing last month? Usdaw have a very good chance of winning the case! The repeat video's are still on the supreme courts webpage if you fancy seeing the Tesco KC getting ragdolled all over the place by the justices! 😉

If you are the chosen representative and you have been supporting this colleague throughout the disciplinary stage and appeal, then the meeting should be arranged for when you are on a shift...meetings are arranged by mutual agreement not by dictating!

If the colleague was a union member, then they would be entitled to have their chosen representative,or another trained union representative but only if it was that their chosen rep was absent or on holiday. If there was no other reps available then they could have a rep from another store attend.

Your colleague should request the meeting be rescheduled for when you can attend, the same rights should be afforded to them as to a union member.

If they are still denied representation by you, then once the meeting started, and notes being made, they ask for an adjournment as they have been denied their right to their chosen representative to attend and support them! Don't allow them to be fobbed off with getting any other colleague to sit in instead, as "they're just there to witness the proceedings" NO!

Make sure all notes are signed and the squiggles underneath so nothing extra can be added.

Quote from: oldfashionedplayer on 03-05-24, 10:23AMif they get abuse take it further? - don't stand for the abuse regardless, All i know is ours for night tend to have figured out that if they set off after a certain time from the said depot, they can unload it and by the time they get back they don't have time to go do another trailer, whereas we get some at times that are like yeah i just wanna keep going and just deliver it 3 hours earlier, So I dunno how long you guys are generally on the road / in places for or whatever but ones that deliver to our store at night are typically at the depot most of their the shift anyhow so they may as well just fit it with everything since they typically either aint in it or aint moving from it.

Assuming nights, your talking about fresh? Fresh is heavily monitored... if the delivery is not in by the scheduled in-time it flags as late and the DC has to answer to central planning on why it was it. So normally and cant speak for them all, drivers on nightshift who are doing fresh, will normally be out the gate at the scheduled departure time to arrive on time to avoid a late delivery.

Packaged is different, as it goes on store format and risk assessment, so for example an Extra with no delivery restrictions can have there packaged (Grocery) delivered right up to 1am. Were as twilight shops require it all to be in for 7pm.

What I find holds me up is stores not being prepared for the delivery or taking ages to respond to the delivery when it arrives. Reloading of RSU can also take ages in some stores as they put their RSU so far away from the back door it takes sometimes twice as long to reload as it does to unload. You also have stores were the "Back Door colleagues" disappear for 15-20mins at a time while unloading.

I know stores in my area are being heavily challenged on their turnaround times at the moment as some stores are taking the absolute p**s.

Aye as londoner said in relation to a colleague not allowed their chosen representative / support etc and raising a claim they'd want to try and avoid that sort of situation, so by going through colleague help with the asking for clarification and explaining everything, your likely to be told you'll be paid and they'll be told that too in their communications and Probably  the way it's dealt with passed on further or looked at perhaps.

@londoner83 true, thanks for the comment

If i was you, i would raise a colleague help ticket describing the problem you are having and ask their advice.

In case you are unaware Colleague Help have trained personnel people responding to queries who will be fully aware of any legal implications from any actions instore.

In simple terms, if the colleague you are representing left the business and then claimed constructive dismissal as a result of all of this - would a court find it acceptable that they weren't allowed their chosen representation at the appeal hearing?

Personally feel there advice will be either to pay you to attend the meeting or to reschedule it to a time you are both contracted to be in work.

@oldfashionedplayer im the one going in with the employee but being told i wouldnt be paid as not on a scheduled shift, i think thats completely wrong. What would you mean by colleague help may look into legal issues ?

As others have said, it seems to follow the same rights as a disciplinary hearing which is you are able to take in a union representative / colleague and if they aren't available can be re-scheduled, says reps are entitled to have the time paid etc, so should be the same rights for the colleague of expected to come in to give evidence in a meeting etc, I'd have the colleague request a day when your both in and raise it with colleague help too to be honest, get their bit of info on it as they'll likely be starting to look into it more to avoid any potential legal issues with the way you've described the stuff 

@lucgeo hi this is in relation to the disciplinary appeal youve replied to before, im being told that as its not my shift it wont be paid if i go in, think policy does said paid to help prepare for it but doesnt say anything about for the whole meeting, maybe theyre trying to break up the continuity for the employee having the same companion from start to finish