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Very Little Helps => Stores => Topic started by: Tazd9t9 on 28-07-23, 02:12PM

Title: Can you be contracted to 60 hours
Post by: Tazd9t9 on 28-07-23, 02:12PM
As the title is it even legal
Title: Re: Can you be contracted to 60 hours
Post by: whatajoke2019 on 28-07-23, 02:16PM
The most you can be contracted to is 36.5 hours.

You can work up to 60 hours/week (incl. breaks) but no more, if you've opted out of the working time directive.

Think there may be some different regs. for drivers/warehouse colleagues but Colleague Help is your best place to look.
Title: Re: Can you be contracted to 60 hours
Post by: FarmerFred on 28-07-23, 07:55PM
Tesco policy is 36.5 hours for store based staff, warehouse staff & HGV drivers have a different set of rules.

Legally speaking, it's possible to be contracted for 60 hours subject to voluntarily opting out of the 48 hour maximum average working week depending on the job type & whether night work is involved. Without context it's impossible to say for certain whether it's legal in the scenario you might have in mind.

Working time does not include break times https://www.acas.org.uk/working-time-rules
Title: Re: Can you be contracted to 60 hours
Post by: tablet on 28-07-23, 09:59PM
Pharmacist can work 36, 39 , 42, 44 hours.
Contracts depend on opening hours.

However this will change when opening hours reduction plan is rolled out
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 29-07-23, 02:19PM
If you've signed to say you wish to opt out of the 40 hour contract...Average working hours are calculated over a 'reference' period, normally 17 weeks.

This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week.

Reference weeks can be different for other professions such as doctors whose 'reference weeks' are 26.

So if you're contracted to 60 hours a week, and the contract doesn't include paid breaks, a 60 hour contract would require you to be in the workplace for 70+ hours per week  :o
Title: Re: Can you be contracted to 60 hours
Post by: Preacherpauly on 30-07-23, 12:26AM
Add some more detail to your post. Have you been asked to do 60hrs a week?
Title: Re: Can you be contracted to 60 hours
Post by: londoner83 on 05-08-23, 07:04PM
Why would you want to do 60hrs a week? It's not promoting a healthy work life balance and you never know what the future will bring - you need to spend time with loved ones whilst you can.
Title: Re: Can you be contracted to 60 hours
Post by: BritishRacingGreen on 05-08-23, 07:10PM
 :thumbup:
Title: Re: Can you be contracted to 60 hours
Post by: barafear on 07-08-23, 01:35PM
Sorry to hijack this thread - it's vaguely related - but opposite end of scale.

Do Tesco have a minimum contract length? I hear 8 hours bandied about - but not sure whether it is "policy".

As an example, if a person is contracted to "let's say" 12 hours (with 6 of those on a Sunday) - would they be able to drop the Sundays (opt out) - and remain contracted to a 6-hour contract on the other day they work - or would they be expected to "increase their contracted hours" to meet any "minimum"?

Cheers.
Title: Re: Can you be contracted to 60 hours
Post by: Nomad on 07-08-23, 01:54PM
Unless you only work on a Sunday you can drop Sunday working, in doing so you must not suffer detriment, other than that of your own making (less hours = less money) as they are not duty bound to make up your hours.

They cannot dismiss you for exercising your legal rights.  Does not matter what the company rules are, the law holds sway over the situation.
Title: Re: Can you be contracted to 60 hours
Post by: oldfashionedplayer on 07-08-23, 02:43PM
As above, you can opt out being that you have a 2nd day, however they aren't obligated on the future to give you it back either for removing it if you need it back like 6 months later, but yes, you can drop down to a 6 hour, it's actually become more popular to do just 1 day at Tesco  ;D

We currently have 3 doing just 1 day, 2 of them dropped down after Christmas as thry figured betterto work at other companies like boohoo or started their own business instead.

So if you want to, go for it. There was a comms piece a months back though that said managers shouldn't be asking people to increase their hours and thry are trying to make it more clear for interview stages that 12 or less is possible too but 16 hours is a guarantee for people that do want it on hiring as part of the new working agreement for more secured working.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 07-08-23, 05:04PM
Tesco job advertisement...
It's our policy to offer new colleagues joining us a minimum of 16 guaranteed hours each week, but if you'd like to work fewer hours (to a minimum of 12) we have opportunities for this too and would still love to hear from you.

The table shows the periods of time in the week we'd like you to be available to work – the availability windows. We will schedule your contracted hours within these times, and you'll have 3 weeks' notice of exactly when your shifts will be. We are happy to support flexibility for our colleagues, therefore if the times you're available to work match closely but not exactly to the times we are advertising, we'd still like to hear from you.

Yea, good luck with that  :-X
Title: Re: Can you be contracted to 60 hours
Post by: BritishRacingGreen on 07-08-23, 05:12PM
It's worked for me ... I know my hours and department presently until 1st September. My availability windows are of my choosing and my hours suit my work/life balance. Communication is the thing here ...
Title: Re: Can you be contracted to 60 hours
Post by: oldfashionedplayer on 07-08-23, 06:13PM
Quote from: lucgeo on 07-08-23, 05:04PMTesco job advertisement...
It's our policy to offer new colleagues joining us a minimum of 16 guaranteed hours each week, but if you'd like to work fewer hours (to a minimum of 12) we have opportunities for this too and would still love to hear from you.

The table shows the periods of time in the week we'd like you to be available to work – the availability windows. We will schedule your contracted hours within these times, and you'll have 3 weeks' notice of exactly when your shifts will be. We are happy to support flexibility for our colleagues, therefore if the times you're available to work match closely but not exactly to the times we are advertising, we'd still like to hear from you.

Yea, good luck with that  :-X
It was definitely in a extra and superstore daily news a while back about it, I have it somewhere I believe, need to have a root around but they were told to stop pestering colleagues with it, just have to stand ground on it.
Title: Re: Can you be contracted to 60 hours
Post by: Morris999 on 07-08-23, 08:51PM
Minimum amount of contacted hours as agreed by the union are as follows-

Joined before 31st October 2022 7.5 hours
Joined after 31st October 2022 12 hours
Title: Re: Can you be contracted to 60 hours
Post by: Nomad on 08-08-23, 09:59AM
You can't be dismissed for exercising your right to drop Sunday working.

Morris999, what if you joined ON 31st Oct 2022  :D  :)
Title: Re: Can you be contracted to 60 hours
Post by: oldfashionedplayer on 08-08-23, 03:16PM
Aye you can't be dismissed for it, if you've been with company for 2 years atleast then you'd have a good tribunal  claim too if you were...

But yeah we have a few that don't do the "minimum 12 hours", even after the 2022 thing specified so don't worry about it to be honest, it's just something they aim to offer new employees for "job security".
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 16-09-23, 02:33PM
I'm due to retire shortly and have asked if I can just do a 9hr shift ( one of which I have already).
My manager says I can only work  a minimum of 16hrs - I've worked for Tesco for 10+ years.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 16-09-23, 04:10PM
Are you at retirement age?

If so and you informed Tesco of your intention to retire, you should have had your weekly contracted hours reduced by one fifth from six months prior to your last working shift, whilst still being paid fully for it. The reduced hours should have been mutually agreed between you.

Does this take you below 16 hours ??? How many contracted hours have you to work once the fifth is deducted? If it's not much above 9 and your remaining hours are below 16, kind of makes his stance nonsensical.

Any dropping of shifts or hours must be mutually agreed.

If you are full retirement age of 66 or above, combined with your length of service equal 80 years or over, you get to keep your discount card for life  :thumbup:
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 17-09-23, 08:27AM
I am actually retired already (didn't really want to give too much information). I only work 2 shifts so already under 16hrs. The shift I now want to give up is a Sunday.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 17-09-23, 09:18AM
Nobody has to work Sunday, you can ask to opt out of Sunday working.

Now the new contracts are a minimum 12 hours, not sixteen, however as you already had a contract before the changes, you could argue that as a case in your favour. No employee opting out of Sunday working should suffer a detriment because of this.

But what are we talking here...you sign an opt out form to give notice ( I think it's 4 week notice? ) of Sunday working. So now what are they going to do? Dismiss you? On what grounds? You ARE fulfilling your contract as you are working your Saturday contract hours. There'd be a lot of back and forth to state their business case of the 12 hour minimum! A very silly manager would make an issue of it considering you are a Saturday worker!
There is no single day of 12 hour contracts, but is there a chance you could increase your Saturday hours to meet them halfway if pushed?

To be honest, I'd stand my ground and just opt out of the Sundays as is my right, and then argue that the minimum 12 hour contract isn't an option on a single day shift.
I can't see how they would impose this argument anyway? Lots of people drop Sundays and the policy states  there's no obligation for Tesco to find you those lost hours on another day, so vice versa!

DON'T sign anything unless it's agreeable to you!
DON'T agree to anything, especially if it's on a vague verbal promise basis from your manager, get them to put it in writing!
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 17-09-23, 02:07PM
Thank you lucgeo, much appreciated.
Title: Re: Can you be contracted to 60 hours
Post by: oldfashionedplayer on 17-09-23, 04:22PM
Quote from: lucgeo on 17-09-23, 09:18AMNobody has to work Sunday, you can ask to opt out of Sunday working.

Now the new contracts are a minimum 12 hours, not sixteen, however as you already had a contract before the changes, you could argue that as a case in your favour. No employee opting out of Sunday working should suffer a detriment because of this.

But what are we talking here...you sign an opt out form to give notice ( I think it's 4 week notice? ) of Sunday working. So now what are they going to do? Dismiss you? On what grounds? You ARE fulfilling your contract as you are working your Saturday contract hours. There'd be a lot of back and forth to state their business case of the 12 hour minimum! A very silly manager would make an issue of it considering you are a Saturday worker!
There is no single day of 12 hour contracts, but is there a chance you could increase your Saturday hours to meet them halfway if pushed?

To be honest, I'd stand my ground and just opt out of the Sundays as is my right, and then argue that the minimum 12 hour contract isn't an option on a single day shift.
I can't see how they would impose this argument anyway? Lots of people drop Sundays and the policy states  there's no obligation for Tesco to find you those lost hours on another day, so vice versa!

DON'T sign anything unless it's agreeable to you!
DON'T agree to anything, especially if it's on a vague verbal promise basis from your manager, get them to put it in writing!
as you say you can opt out, when opting out and it brings you under, it's just ignored, the information says about sundays that the 12 hours doesn't apply if you opt out of it if i recall?  so for anyone who wants to opt out don't be fearful of "12 hours minimum", can definitely go under, we have plenty who are in ours.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 19-09-23, 08:03AM
Quote from: Morris999 on 07-08-23, 08:51PMMinimum amount of contacted hours as agreed by the union are as follows-

Joined before 31st October 2022 7.5 hours
Joined after 31st October 2022 12 hours
Actually I've just noticed this from Morris999 post above...there's your answer  :thumbup:
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 19-09-23, 11:43PM
I've quoted this to my manager.
He says that if you were employed before the 31st oct 22 they cannot make you work more hours if you're already under 12. But if you now ask to reduce your hours under 12 you won't be able to.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 20-09-23, 07:12AM
Load of bull...tell him of your intent to drop Sundays, you MUST not suffer a detriment because of this!
Plead ignorance and ask him for a 1-2-1 to detail in WRITING what the outcome would be for your remaining Saturday shift if you dropped your Sunday hours?

If you're in the union speak to your rep, as I'm reading the agreement states 7.5 hours before 31st October 22? No strings attached ???
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 20-09-23, 08:28AM
My manager has said he doesn't have a problem with me dropping my hours - it's the store manager that's saying not below 12hrs. He also says that the 3 of us have to sign the form agreeing to this change - that is, my manager, the store manager and myself. In all the information I've seen it doesn't mention the store manager getting involved. I am in touch with the union who are adamant there shouldn't be any problem with my request. Waiting to hear what's next.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 20-09-23, 10:10AM
Ahh that old chestnut..."Charley says!" Which is what managers say when they're trying to bluff, making out it's on direction of the store manager thinking you won't then challenge!

DON'T sign anything without your union rep present, and then the only thing you should be signing firstly is your opt out form! Request one immediately.

Any future discussions regarding this MUST BE witnessed by a colleague or rep.

I'm not able to access the policies as an ex employee, but if you've located the opting out of Sunday working part, does it still mention not suffering a detriment from your request?
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 20-09-23, 10:20AM
Opting out of Sunday working
All 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.

Shop and betting shop workers must:

give their employer 3 months' notice that they want to opt out
continue to work on Sundays during the 3 month notice period if their employer wants them to
An employer who needs staff to work on Sundays must tell them in writing that they can opt out. They must do this within 2 months of the person starting work - if they do not, only 1 month's notice is needed to opt out.

An employee cannot be dismissed or treated unfairly for choosing not to work on Sundays.

Taken from UK Government website.

N*B*...I seem to recall it's the 4 weeks notice required by Tesco, but I'm not 100% so please double check with the union.
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 20-09-23, 10:34AM
Thanks for all that information  lucgeo. I'll make sure I have a rep with me if this goes further - has even been suggested that I could plan to retire completely and get reduced working hours (my Sunday off) and get full pay for 6 months. Do you think they want rid of the oldies, not many left now!
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 20-09-23, 10:45AM
Oh...I do hope you get that "suggestion " in writing of taking retirement!!

No one can be told to retire, only on medical grounds! It's blatant age discrimination  :o  :-X
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 21-09-23, 10:44AM
Age is one of the nine protected characteristics under the Equality Act 2010 making it unlawful for a person to be discriminated against either directly or indirectly because of their age.

Compulsory retirement ages are, prima facie, examples of direct discrimination unless they can be justifie, or fall within the scope of an "occupational requirement" as defined in the Equality Act.

Employers must take care that they do not open themselves up to age discrimination claims, for which compensation is uncapped, meaning that any claim brought against them could be costly in both legal fees and compensation owed to a successful Claimant.
Title: Retirement
Post by: Shazzie58 on 02-10-23, 09:27PM
Hi I am due to retire on 13th October. I believe I need to return my colleague clubcard. Is this still the case if I am entitled to privilege card for life? If so does anyone know how long I wait for this
Title: Re: Can you be contracted to 60 hours
Post by: Elly1519 on 03-10-23, 01:38PM
Shazzie58

If you are eligible for a Colleague Clubcard for Life, you will automatically be sent your Colleague Clubcard for Life when you leave Tesco. Your Colleague Clubcard for Life will hold your remaining Clubcard points accrued at the point you leave Tesco.

Colleague Clubcard for Life holders are not eligible for a second Colleague Clubcard. If you hold a second Colleague Clubcard, this will automatically be cancelled following your final day of employment. A Clubcard will automatically be sent to your second cardholder at the address held on their customer Clubcard account.

Your Colleague Clubcard for Life cannot be transferred into the name of a family member. If the Tesco.com account that you use is in the name of a family member, you will not be able to link your Colleague Clubcard for Life to this account. You will need to register for a Tesco.com account in your name and link it to your Colleague Clubcard for Life by selecting 'I already have a Clubcard and I'd like to link my accounts'.

Only Tesco UK and Tesco Bank colleagues are eligible for a Colleague Clubcard for Life.
Title: Re: Can you be contracted to 60 hours
Post by: happyharry on 07-10-23, 08:59AM
Quote from: lucgeo on 21-09-23, 10:44AMAge is one of the nine protected characteristics under the Equality Act 2010 making it unlawful for a person to be discriminated against either directly or indirectly because of their age.

Compulsory retirement ages are, prima facie, examples of direct discrimination unless they can be justifie, or fall within the scope of an "occupational requirement" as defined in the Equality Act.

Employers must take care that they do not open themselves up to age discrimination claims, for which compensation is uncapped, meaning that any claim brought against them could be costly in both legal fees and compensation owed to a successful Claimant.
A quick update.
It's been agreed for me to give up my Sunday and work 1 day under 12hrs. I was told the decision for anyone to drop their hours below 12 is at the discretion of each individual store, although already over retirement age I don't believe they could have stopped me.
My manager said they'd been in contact with head office who wouldn't give a definitive yes or no to my request, only to say it was ultimately the stores decision. I did see the correspondence, and to me it looks like a grey area that hasn't been thought through properly.
I'm happy I've got what I wanted eventually, but think common sense could have sorted this out a lot sooner.
Title: Re: Can you be contracted to 60 hours
Post by: lucgeo on 07-10-23, 09:03PM
To me it looks like passing the buck   ???

The agreement prior 31 st Oct 22 does not specifically mention any clauses...therefore employment contract prior that date is 7.5 hours minimum! Not at anyone's discretion.

HO knows this, but passing back to store to save face...SM allowing it "on this occasion" to save face.

Glad you've eventually achieved the result you wanted.  :thumbup:
Title: Re: Can you be contracted to 60 hours
Post by: 112233 on 14-10-23, 05:56PM
I'm currently a part time shift leader and looking to apply for one day extra bolt on as a 'normal hourly paid colleague'. Tesco help have told me yes but the store manager no.....anyone else came across this? I know we are rota based but shift leaders in my store don't work certain days because of outside jobs!
Title: Re: Can you be contracted to 60 hours
Post by: Sherwoodforest on 14-10-23, 06:01PM
Surely you can just accept overtime on extra hours marketplace,if you can view extra hours that is,
Title: Re: Can you be contracted to 60 hours
Post by: Sherwoodforest on 14-10-23, 06:05PM
But as you put bolt on,do you mean a permanent contracted extra colleague shift?if so that doesnt sound like something do-able as surely you would have 2 different contracts
Title: Re: Can you be contracted to 60 hours
Post by: 112233 on 14-10-23, 06:11PM
Yeah as a bolt on permanent. I had a look at the policy and it does have on it 'our minimum contract is 16 hours per week, this can be a mix of shift/team leader/team support hours and normal hourly paid colleague work. The shift leader rate is separate on the contracts and if the GA shift is updated on frog, the basic rate is paid.
Title: Re: Can you be contracted to 60 hours
Post by: Elly1519 on 16-10-23, 01:02PM
Quote from: 112233 on 14-10-23, 05:56PMI'm currently a part time shift leader and looking to apply for one day extra bolt on as a 'normal hourly paid colleague'. Tesco help have told me yes but the store manager no.....anyone else came across this? I know we are rota based but shift leaders in my store don't work certain days because of outside jobs!
It is do-able but your store manager has probably said no because you are a shift leader. If the extra hours were added to your contract you would still receive shift leader pay for the extra hours. It isn't possible to lower the pay grade on contracted shifts but it is possible on overtime shifts.