So we got given our rota's for next week today and after being told I would only work my scheduled days, I've been given extra days we didn't agree on. After speaking to my manager (not the most pleasant guy), I was told that as per my contract, he can give me hours whenever he pleases if it's within the hours are within my availability.
I was under the impression that I would need to receive my rota a lot earlier than 3 days before the week for this to actual be correct, can anyone provide any clarification on that?
Yes he can give you hours whenever he pleases within your availability window as long as it isn't more than full time hours. However you are meant to have a meeting with him to agree on the shifts that you are going to work, this is meant to take place within 7 days of the flexi shift but in exceptional circumstances this can be within 24 hours. You are under no obligation to work the shift unless you have signed off that you can work the shift. Have a read of your contract it should provide you with more clarity on the situation or check out the people policies on ourtesco
Quote from: Saiken69 on 25-04-20, 12:45PM
So we got given our rota's for next week today and after being told I would only work my scheduled days, I've been given extra days we didn't agree on. After speaking to my manager (not the most pleasant guy), I was told that as per my contract, he can give me hours whenever he pleases if it's within the hours are within my availability.
I was under the impression that I would need to receive my rota a lot earlier than 3 days before the week for this to actual be correct, can anyone provide any clarification on that?
A lot of managers feign understanding of contractual obligations without themselves having observed and understood the fine print.
You'll find that managers are terrible when it comes to the flexi notification policies, as stated in the Tesco Colleague Help > Working Here and Compliance > USDAW Partnership Agreement, you'll find that it outlines this specific bit:
Quote"Flexible contracts operate on the basis of colleagues working a core set of hours and additional hours within an agreed ‘Availability Window’. Additional hours can be adjusted and varied each week to meet the needs of the business and/or the colleague."
Also stating this bit too and this is what most people are that join the business after 2009:
Quote"Part-time flexible contract
A colleague employed on this contract type will have a core set of hours, which will not change each week, and additional hours within an agreed ‘Availability Window’, which will vary depending on the needs of the business."
- Mention of availability window again
Quote"Colleagues should agree when they will be available to work additional hours, this will be their ‘Availability Window’. Any additional hours worked must fall within this Availability Window. However, they will only ever be expected to work up to a maximum of 36.5 hours a week (core and additional hours combined).
works around your schedule too.
QuoteAny additional hours the colleague is required to work should be communicated with 7 days’ notice. If this isn’t possible, a minimum of 24 hours’ notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3.
- 7 days notice primarily, though should be agreed with you too, You are supposed to give them ideally a 4 week availability window, or a 7 day one if possible, so you can fill out an availability sheet whenever you want, but mainly you should request if you think there's a few problems that you sit down and work out some, I know some stores don't do up to 4 weeks, even on the new work and pay system, but it's supposed to be a process you have with your manager where you are both fair, so if you don't want to work those shifts, then you can find an arrangement, but you're not forced to work anything outside of your availability window, nor are you allowed to be refused an availability change (Less hours you do would impact a perm contract if only temp), but do a favour get a favour is usually a good way of going about it.
QuoteCore hours can be contracted for Sunday but additional hours should not be scheduled for Sundays. Colleagues can volunteer for normal overtime on a Sunday."
So sunday hours are optional.
QuoteIdeally, colleagues should be given 4 weeks’ notice of their weekly shift pattern. On occasions, this may not be possible, in which case a minimum of 7 days’ notice should be given. This should be the exception and not the norm.
Although this bit is listed under the full time, I've had confirmation that it does apply to both part time and full time flexi colleagues.
We are in the middle of a crisis. For us we have a constant flow of people going off work or coming back due to COVID. Short notice notification of shifts can be issued during exceptional circumstances.
Continually turning down overtime during your availability window puts you in breach of contract. You don't need to be available 24 hours a day 7 days a week but if you are on a flexi contract you do have to show some availability.
However, if issued shifts outside your availability window should not happen. You can control this in two ways. You can limit your availability times and cap the amount of hours. You need to do both if you are being issued with hours you can't do.
If you are not being given enough notice you can also refuse due to commitments already made. It is just not easy to use that one just now unless you have childcare or career conflict. It's a balance that has to work both ways.
aye as redshoes says, it's a balance that has to work both ways, though even on short notification you can still refuse anyhow, even during the crisis, just don't go "no", ideally say "no, but if there's any on blank day, i can do that, or I can do a few hours", i dunno how likely it would be to keep a job currently as they don't really do so, but if you can do what you can, and change your availability as you go, or maybe offer to stay behind on current shifts if help is needed.
Quote from: Redshoes on 28-04-20, 03:09AM
We are in the middle of a crisis. For us we have a constant flow of people going off work or coming back due to COVID. Short notice notification of shifts can be issued during exceptional circumstances.
However these exceptional circumstances have become the new normal. Been going on long enough for longer term solutions to a higher than previous level of people going off work, such as the taking on off many more temporary staff from the pool of people who have been forced to suspend their usual employment.
Sorry, I'm new to posting on here and can't figure out how to post a new topic. Just wondering how much notice managers have to give to change a contracted shift? Been doing the same shift for 6 years and just looked at the rota for next week and onwards and it has been altered slightly even though nobody has spoken to me about a shift change. Surely they need to speak to me beforehand and give me some notice?
You need to sign a "change of hours" form fir a permanent change. Start with asking if it's a mistake, if it's something other than this the correct process needs to be followed. Your core hours need to be the same, they can only change about the additional shifts you have been given unless you are a full-time flexi worker but they are few and far between.
Better still...ignore it, come in on your usual shift..if they can't follow procedures and speak to you, giving plenty of notice beforehand, ( 4 weeks) then that's their problem...the onus is not on you to check rota's, that's their job to err....manage! especially as you've done the same hours for past six years..(seem to recall some understanding that if you do the same hours for 2 years+ then the shift is permanent)...then they need to explain why they changed your shift without your knowledge and failed to follow policy procedures....if they say " cases of emergency" ask what the emergency is...and since when can an emergency be pre empted ???
It used to be a matter of doing a regular overtime shift for a given period makes it deemed as a permanent shift. Maternity cover is an exception. Other contracted hours can be changed but there is a process to follow. There is a form that needs to be signed by the store manager, dept manager and the colleague.
No, I'm pretty sure that if you did any shift that differed from your contracted hours continually for 2 years or more, then those hours could be deemed as your regular contracted hours if you wished to continue with them. Very unlikely the same overtime shift would be available continuously for 2 years ???
Quote from: Redshoes on 28-04-20, 03:09AM
We are in the middle of a crisis. For us we have a constant flow of people going off work or coming back due to COVID. Short notice notification of shifts can be issued during exceptional circumstances.
Continually turning down overtime during your availability window puts you in breach of contract. You don't need to be available 24 hours a day 7 days a week but if you are on a flexi contract you do have to show some availability.
However, if issued shifts outside your availability window should not happen. You can control this in two ways. You can limit your availability times and cap the amount of hours. You need to do both if you are being issued with hours you can't do.
If you are not being given enough notice you can also refuse due to commitments already made. It is just not easy to use that one just now unless you have childcare or career conflict. It's a balance that has to work both ways.
The whole point of a contract is that it's black and white, true or false, 1 or 0, the contract stipulates the process that has to be followed which is in a sequential order, i.e for the manager to be adhering to the terms of the contract they have to comply with the availability window and other terms stipulated in the partnership agreement, using the "you're not making yourself available enough." Subjectivity Is null and void if the determination of it is based on overtime being refused on the basis that it hasn't followed process according to the contract.
Yes, it does work both ways. The way overtime is covered, time frames etc do matter and have a process that should be followed but part of this process is that colleagues can't continually turn down overtime within their availability window if last min or pre-booked. There will always be last min overtime as colleagues only have to give one hours notice to say they can't come to work due to being sick. It's rare to get only one hours notice but it happens and is allowed to happen. Generally short notice is someone ringing in sick and won't be in Thursday but it's Tuesday so it needs to be covered. This is allowed. Overtime to cover for holiday that was booked six months ago should not be covered like this. There is a huge difference between the two.
The partnership agreement does say in exceptional circumstances at least 24 hours notice must be given for any additional hours worked in their availability window if it can't be given with 7 days notice, Tescos own RTW policy which you highlighted does pose somewhat of a contradiction in stores which uses flexi-contracts. Some would argue that because 1 hour isn't enough notice (and it isn't) and it is against the terms of the partnership agreement, to count that towards judgement that a flexi-worker isn't fulfilling their contract by making themselves available enough for overtime would and should be scrutinised.
A purpose of the notice period that I can see is to prevent unscrupulous managers an easy way to "manage" people out of the business, i.e, if a colleague continuously refuses overtime because they are given only 1 hours notice every time and it's deemed they're not making themselves available enough for overtime and not fulfilling the terms of the contract.
The one hours notice does not happen often and it's unrealistic to force people to come into work with an hours notice. This should be by asking with by extending shifts of people already in or by getting people in.
The covering of someone who handed in fit note on Monday for the next shift on Wednesday is different. This is clearly the short notice part of flexi workers.
The big however is that it can be refused. People have lives, they have made plans. It's just a fine balance between this and continually refusing. Someone who has full availability on a Wednesday but continues to refuse Wednesday shifts is in breach of contract. Refusing short notice would be a weaker case on the part of the company but continually refusing shifts with plenty of notice is clearly a much stronger case of breach of contract.
Leading on for this with the use of the tablets I feel that this policy needs to be looked at again. The tablet only works with four weeks, extends at Christmas but not the rest of the year. Depts can still plan for holidays etc but they are issuing overtime that has not been signed off and cleared so at risk of it being revoked. It therefore puts policy and working practice in conflict. The time frame for overtime being authorised and being able to be issued do not match the guidelines of notice to flexi workers.
I’ve also had my hours changed recently. The rota came out four weeks ago, and then we received text messages two days ago changing it. The manager claimed it was ‘for business needs’, but in fact it goes against the business needs, as it takes people away from the busiest couple of hours during the day, and puts the end of their shift into the quietest two hours of the day. Also making every single shift extremely unsociable hours. I don’t have access to sales/customer figures to show this, but that is the pattern 99% of the time, and I’ve been in this job five years. When I stated this pattern, I was ignored.
Quote from: lucgeo on 17-05-20, 05:24PM
No, I'm pretty sure that if you did any shift that differed from your contracted hours continually for 2 years or more, then those hours could be deemed as your regular contracted hours if you wished to continue with them. Very unlikely the same overtime shift would be available continuously for 2 years ???
Is this the same for the
role a person holds? I’ve been working a role that I am not contracted for, for over a year. I was promised the contract after three months, then after Christmas, then after something else, and something else... and I’m frustrated now. I don’t get the pay that comes with the role, and now I just feel like I’m being used.
If anyone steps up or covers a role that pays more ..say holiday cover for a wages clerk they should be paid extra for the hr's to do the job. Speak to your manager or store manager they will sort it.
Hi, just need some info please, my son has just started at tesco, he applied for a position 2 days a week 7.5 hours, part time,which he thought would fit in well with college. he was invited for induction on the saturday. On the monday he started his first shift. then was told he had to do 10pm to 7am the tuesday, thursday and sunday. He only received his contract on the thursday showing his core contracted hours as still 7.5 hours, but completely different hours and days to which he applied for. The availability window also states he can do 10pm to 7am everyday except sunday which is 10pm to 2am. However the sunday he has already been made to work till 7am not 2am. Can someone please explain how this is allowed. thanks in advance.
Unfortunately, with less than 2 years service, apart from his statutory rights, equality laws and protections laid out in the contract, he has no protection in the form of employment law.
ok thanks, i just find this shocking.
So also he does his contracted shift 10pm to 2 am, but told on that shift he must stay till 7am. Is that correct as I have read the contract to mean 24 hours notice needed for anything outside core hours.
Quote from: rach1905 on 17-08-20, 07:12PM
Hi, just need some info please, my son has just started at tesco, he applied for a position 2 days a week 7.5 hours, part time,which he thought would fit in well with college. he was invited for induction on the saturday. On the monday he started his first shift. then was told he had to do 10pm to 7am the tuesday, thursday and sunday. He only received his contract on the thursday showing his core contracted hours as still 7.5 hours, but completely different hours and days to which he applied for. The availability window also states he can do 10pm to 7am everyday except sunday which is 10pm to 2am. However the sunday he has already been made to work till 7am not 2am. Can someone please explain how this is allowed. thanks in advance.
Very typical Tesco behaviour in my experience, I’ve known many temps and permanent new starters to be told they had to work hours they never applied for or said they were even available for and when they complained or said they were unable to work the requested hours due to commitments such as college or other jobs etc they were treated very poorly and many of them simply left because of it. If a job advert states certain days and hours and the contract says the same then Tesco should honour it....unfortunately Tesco are dishonourable.
This was a common complaint with new recruits joining Tesco. Indeed, I had a family member apply for a position, where the shift advertised fitted in well with childcare commitments. During the interview, was asked to fill in an availability form, so put the hours applied for...the PP looked at it...said, in front of the whole group, " is that it, not much good to us!" and tossed the form to one side!! I spoke with the PP next day stating, in my opinion, the advertising of specific shifts to be, at best, misleading, at worst, blatant misrepresentation.
Tesco should be looking at their vacancy advertising, especially as they have done away with specific dept's, and make it clear that you will be working any dept, and at be asked to work extra shifts when required.
Is your son on a temp or fixed contract?
Did your son become a union member when the rep came into the induction to recruit? If so, he should approach the rep to voice his concerns, and ask for advice.
How old is your son, as there are certain ages that restricts the lateness he can work, and the weekly hours. There is also, ( or used to be) study leave to take into account?
If your son has his availability form as finishing at 2 am, then they need to ask him to work later....preferably a week in advance, but 24 hours notice in an emergency only.
Out of interest, assuming the son is working in a scheduler store, would it generate an exception if he's worked past 2am as I thought you couldn't put shifts in where colleagues weren't available? Just concerned they've either amended his form behind his back or he's working five hours free of charge!
hi, he has just turned 18, so there would be no age restriction on working times.
i'm just concerned as he does not understand his contract at all and he wont say anything as scared of losing his job.
But the sunday shift, im sure i have read somewhere that you only have to do your core hours on a sunday which his are 10pm to 2am, which is the hours also listed in his availability window. So already they have taken advantage.
These contracts are practically forced labour, in my opinion.
also please can someone clarify,
If he goes in to do a shift on wednesday 10pm to 2am, can he be made to stay till 7am without notice?? or does he need to be told in advance of working later. his availability window for that night is 10pm till 7am.
As the contract states - you will be given a minimum of 24 hours notice to work any flexible additional hours which are within your availability window.
There are some new availability forms out. These forms can only have Sunday contracted hours so Sunday overtime should not be issued on a flexi sheet. Also there has to be the 11 hours between shifts but the availability sheet needs to show 11 hours between contracted hours into available hours. You can have availability either side of contracted hours but you can't have availability of less than 11 hours after a contracted shirt shift.
You can work outside your availability but it should not be offered on a flexi shift. Flexi sheets should show the 11 hour gap between shifts and should include days off. If you pick up overtime on top of flexi hours is then up to you.
You can request a new flexi sheet at any point but you can't mark down your new availability as not including your contracted hours and it must show flexibility. You can however say you want to cap your hours. So if you are contracted to 18 hours you can say you want to work up to 30 a week.
Has anyone else never filled in an availability form ?? I have been asked but never filled one in. Flexi contracts are the worst thing an employee could be offered, they are OK for the use in catering but retail nah !!
On the new Flexi availability forms we are doing ready for the work and pay to come in managers are only allowed to put the contracted shift down on a Sunday no more.
Ok so what if you have worked for Tesco for over 4yrs on a flexi contract they want you to update your availability but things have changed and you aren't available some times that you used to be but they are telling you you have to put more hours of availability than you can do. Where do you stand? This has happened more than once they won't change my hours although I did find the opt out of Sundays and have actioned that
There is a specified number of hours you must have in your availability window,I believe its 40 hours more than that is entirely optional.
Reps are given a handbook in dealing with this, and I recommend sitting down with a rep you trust to talk the problem out.
Your availability should be done annually at your review really, bit km guessing your managers are about as capable as mine.
https://colleague-help.ourtesco.com/hc/en-us/articles/360039524132-Terms-and-Conditions
Part-time flexible contract
A colleague employed on this contract type will have a core set of hours, which will not change each week, and additional hours within an agreed 'Availability Window', which will vary depending on the needs of the business.
Core hours are worked on fixed days and hours. The ideal number of core hours per week is between 10 and 16. The minimum number of core hours should be 7.5 per week, unless the colleague has requested to work less than 7.5 hours and this can be accommodated by the store. No stand-alone shift should be less than 3 hours.
Colleagues should agree when they will be available to work additional hours, this will be their 'Availability Window'. Any additional hours worked must fall within this Availability Window. However, they will only ever be expected to work up to a maximum of 36.5 hours a week (core and additional hours combined).
Any additional hours the colleague is required to work should be communicated with 7 days' notice. If this isn't possible, a minimum of 24 hours' notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3.
Core hours can be contracted for Sunday but additional hours should not be scheduled for Sundays. Colleagues can volunteer for normal overtime on a Sunday.
Core hours may fall on a bank holiday. Additional hours, however, should not be scheduled for a bank holiday and colleagues should volunteer for normal overtime on a bank holiday. The appropriate premium payments will be paid if hours are worked during the night, or on a Sunday or bank holiday.
All colleagues, regardless of contract type, should have an equal opportunity to work overtime on a Sunday or bank holiday.
and full time ones are 50 hours availability... though if they dont give you atleast a week's notice like it says, then your free to say no, really it should be a 4 week rota but they never do it... so 7 days is "reasonable", you can fill in the hours you want to work as current though and just say your committed elsewhere at times and tell them you'll pick up overtime if you want it lol
Flexibility is a bit different now.
You need to have a minimum of 9 hours above your contracted hours. You can't include Sunday, you can only have your contracted hours on Sunday.
You need to have two days off a week, this can include Sunday if you are not contracted for Sunday.
You can only add flexible hours to one side of your shift, not both. You then need to have 11 hours between shifts. You can flex up into the evening on a Monday and then a Tuesday morning for example with less than 11 hours between shifts but you should not then get flexed up both days resulting in less than 11 hours. You can pick up overtime with less than 11 hours between shifts but should not be issued it.
Young workers need two days off together, I forget the start time for them but they can't work beyond 21:45 and they get extra breaks.
Flexibility sheets should be refreshed annually but you can request at any time.
So pretty much just add 9 hours to availability window and be done with it 😁
For those on low hours adding 9 hours is generally not an issue. For those on higher contracted hours adding 9 hours and keeping the 2 days off, 11 hours between shifts etc becomes more difficult. Some colleagues have had to come off flexi contracts. You have to seek out your own overtime if you do this. I suspect most would prefer this but during the lean weeks overtime may not be easy to find.
Perhaps I should be grateful that our store doesn't seem to follow the tesco bible on flexi contracts?
nobody is ever forced to change their shift or work extra hours, management will ask and make it clear that they need it to happen, but if someone says no they won't force them.
I am fixed contract driver and have had a shift changed without being asked - I've seen the change but the question I have is - do I need to turn up for the new shift if I have not been asked?
everyone is fixed now, flexi went with the new contracts, shifts should be made with 3 weeks in advance within your availability, so if it's not then no, I wouldn't I'd just turn up for your normal and if asked just say you weren't aware of any changes or agreed to them.
Quote from: Drivememad on 26-05-23, 08:08PMI am fixed contract driver and have had a shift changed without being asked - I've seen the change but the question I have is - do I need to turn up for the new shift if I have not been asked?
No!
It is the responsibility of the manager to ASK you if you are able to change your shift...the onus is on them! Just saying it was on the rota for you to see doesn't cut it!
Also the 24 hour notice for emergencies won't wash now either, as the rota shift change has been made in advance, but they have failed to ask in the agreed timeframe for a shift change.
DON'T query the rota change to them beforehand...just don't show up...ignorance is bliss!
I thought stores were no longer able to use paper rota's due to the confidential information policy?,all ours were removed from the notice boards in the corridoors some time ago
Kaled78 - you are correct no one should still have paper rotas as you don't need to know when other colleagues are scheduled to work.
the joke of it is though,the managers still have a paper rota and the new shift leaders do also
Quote from: londoner83 on 27-05-23, 08:16PMKaled78 - you are correct no one should still have paper rotas as you don't need to know when other colleagues are scheduled to work.
Perhaps the next step is to have colleagues wear paper bags over their heads so we don't know who is currently working?
More seriously, knowing who is or isn't working which shifts is useful for finding someone to do a shift swap with as you only need ask those who can fit it in.
:thumbup:
Thank you for your replies. I kept to the contracted shift and no problems.
Gomezz - believe the issue is that some people use information on rotas incorrectly.
If you know X is working 9-6 you would know when the best time is to committ burglary. Likewise if you wanted to stalk/hassle a colleague knowing they finish at 10pm on a Tuesday would allow you to lay in wait or alternatively try and shift swap so you work alongside them.
Granted the overwhelming majority of staff would never use rotas incorrectly but it only takes one bad apple.....
Quote from: Saiken69 on 25-04-20, 12:45PMSo we got given our rota's for next week today and after being told I would only work my scheduled days, I've been given extra days we didn't agree on. After speaking to my manager (not the most pleasant guy), I was told that as per my contract, he can give me hours whenever he pleases if it's within the hours are within my availability.
I was under the impression that I would need to receive my rota a lot earlier than 3 days before the week for this to actual be correct, can anyone provide any clarification on that?
Managers are suppose to be doing rotas 4 weeks in advance.
Quote from: oldfashionedplayer on 28-04-20, 02:52AMYou'll find that managers are terrible when it comes to the flexi notification policies, as stated in the Tesco Colleague Help > Working Here and Compliance > USDAW Partnership Agreement, you'll find that it outlines this specific bit:
Quote"Flexible contracts operate on the basis of colleagues working a core set of hours and additional hours within an agreed Availability Window. Additional hours can be adjusted and varied each week to meet the needs of the business and/or the colleague."
Also stating this bit too and this is what most people are that join the business after 2009:
Quote"Part-time flexible contract
A colleague employed on this contract type will have a core set of hours, which will not change each week, and additional hours within an agreed Availability Window, which will vary depending on the needs of the business."
- Mention of availability window again
Quote"Colleagues should agree when they will be available to work additional hours, this will be their Availability Window. Any additional hours worked must fall within this Availability Window. However, they will only ever be expected to work up to a maximum of 36.5 hours a week (core and additional hours combined).
works around your schedule too.
QuoteAny additional hours the colleague is required to work should be communicated with 7 days notice. If this isn't possible, a minimum of 24 hours notice should be given; however, this should be the exception rather than the norm. Colleagues will be expected to work additional hours when they fall within their agreed Availability Window, providing they have been asked to work these hours within the required notice period. The minimum number of stand-alone additional flexible hours offered per day is 3.
- 7 days notice primarily, though should be agreed with you too, You are supposed to give them ideally a 4 week availability window, or a 7 day one if possible, so you can fill out an availability sheet whenever you want, but mainly you should request if you think there's a few problems that you sit down and work out some, I know some stores don't do up to 4 weeks, even on the new work and pay system, but it's supposed to be a process you have with your manager where you are both fair, so if you don't want to work those shifts, then you can find an arrangement, but you're not forced to work anything outside of your availability window, nor are you allowed to be refused an availability change (Less hours you do would impact a perm contract if only temp), but do a favour get a favour is usually a good way of going about it.
QuoteCore hours can be contracted for Sunday but additional hours should not be scheduled for Sundays. Colleagues can volunteer for normal overtime on a Sunday."
So Sunday hours are optional.
QuoteIdeally, colleagues should be given 4 weeks notice of their weekly shift pattern. On occasions, this may not be possible, in which case a minimum of 7 days notice should be given. This should be the exception and not the norm.
Although this bit is listed under the full time, I've had confirmation that it does apply to both part time and full time flexi colleagues.
It the giving a favour that the managers struggle with.