verylittlehelps

@lucgeo, it has been hard work but this forum and the help from many others on here including yourself has been amazing, invaluable and quite frankly priceless, couldnt likely have got anywhere near this far without you all

I think you just need to draw a line under this.

Yes it's unfair, but you've gone through the appeals process and though the initial accusation of idling has been dropped (probably because there is no clear written policy on it) the unattended element has taken precedence for which he's been disciplined.

These warnings drop off after a set period of time, and can only be referred to after that expiry date if it is for the same misdemeanour, it can't be used for escalation for a non related disciplinary matter!

Reading between the lines here, it looks like the orders been given higher up to make it common knowledge that it is a disciplinary matter and the colleague has been used as the fall guy!

The colleague could write a letter to put into his file that he accepts the appeal decision "under protest" but this would be pushing the boundaries of "under protest" relatability and may not be accepted?

@dfl...you've done a brilliant service for your colleague, have you considered becoming a union rep yourself? The training would help, you'd have back up and protection and a greater knowledge of workers rights.

It's not for everyone, but if you use it for your own benefit in helping others, while ignoring the commercial aspect side its now become, it can be very interesting and worthwhile.

you should of recieved a letter from tesco pensions stating the increAse in pension *******Big Drum role********** mine was £5.00 a month

Quote from: Doggiedoodle on 09-03-24, 03:08PMDoes anyone know if Tesco pension was mentioned in this review? Wondering if the monthly pension will rise as well.

No it was not, somehow people arent asking for it

Completed meeting, idling set aside as manager seemed to accept this happens, however does still consider that in managers view and previous managers who were involved in this process that the van was in their opinion unattended, anyone know what else i can do for the employee, re is acas, e.t. route worth it, the employee does want to as has not had disciplinary in all years working for tesco and still feels its unjust.

You can start off with the ambiguity of the rules, the handbook and the lack of specific details and training regarding the issue of "idling" which is the complaint made against the driver in the initial conversation with the instructor.
It is not something that has ever been covered or mentioned previously to the driver, hence the reason for the appeal, as it is still unclear to the colleague as to what they were disciplined for, as there was no mention of "idling" in the discipline.

The colleague feels that they have been singled out as an example to others, to make them aware of the process. The later posted notices would appear to support this.
The section manager himself (in the previous notes) suggests that it is unclear as to the rules the driver had allegedly broken?

The colleague feels that a 1-2-1 conversation with the section manager would have been sufficient in bringing the matter to his attention and scheduling a re-training session.
The colleague feels the warning was unjustified in this instance and wishes to appeal on the grounds already stated.

Make your notes and bullet points beforehand.

Ask for 15 mins before meeting to run through and discuss with your colleague for any points you both want to raise, this should be done in a private room, not the rest room with ear wigging colleagues!

Whereas you may ask questions, you cannot answer questions posed to the colleague, unless the colleague has explicitly expressed you answer for them...but they then can't answer any questions posed.

Be polite and concise, they're not necessarily the enemy, but don't allow yourself to be spoken down to or spoken over...if at any time you feel that the meeting is getting out of hand, or you wish to clarify a point with the colleague, you may ask for an adjournment...they leave the room not you and your colleague to discuss.

You may need to remind the manager that you are there as the chosen representative, with the same standing and respect offered as an official USDAW rep. They treat you as of equal standing to themselves.

Note taker does not make a comment...object if they do and ask for your objections be noted in the minutes if it continues.

If stated you are not allowed to speak but just there to take notes and remain mute is wrong! Politely remind them you are there as the colleagues chosen representative with the same rights as a union representative.

Meeting is now going ahead, all sorted in regard to witnessing, any other advice welcomed about how to conduct, ie me doing a lot of questioning of appeals manager instead of other way round, all of course relative to the issue at hand, ie discriminating, training, etc.

Thanks all for advice so far

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! 😉