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Reasonable amount of overtime

Started by Voulezvous, 17-03-21, 04:20AM

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Voulezvous

Morning...i work with a temporary colleague who started during lockdown, hes contracted 15hours but works 37.5hrs...he only wants to work 30hrs but he's been told he must do the 37.5hrs as hes temporary...where abouts does he stand with this please? Can he refuse to do the extra hours? Tia

Katarn2000

It really depends on his contract. I'm going to assume he's on a Flexi contract so he should have been asked to complete an availability form where he specified the maximum amount of hours each week he could be required to work. If he put 37.5 hours on the form then he might struggle to argue that he doesn't have to. If he didn't fill out a form (which is likely because it sounds like his manager is that type of manager) then he needs to have a let's talk with his manager and say his Flexi availability only goes up to 30 hours and insist that he fill out the form.

On a side note Flexi contracts can only be flexed up to 36.5 hours, not 37.5 so at the very least he could insist on a short day.

One caveat: he's a temp so depending how much he values the job he should tread carefully because it's very easy to let them go if the manager doesn't like them.

lindajohnson38

#2
When I sorted my hrs with HR before we got peoples person (so someone who knew the rules) they are only allowed to flex you up a third of your core hrs, i.e. if core total hrs are 15 then they only allowed 5 flex hrs as to stop giving part time staff full time hrs and as for availability you should only have up to a total of 48hrs including your core hrs on the form, it's to stop having availability 24 seven  days a week.  Hope this helps.

NightManager

#3
HR?
Peoples Person?

;D ;D

NightManager

With regards to the comments about a let's talk to cap hours a colleague on a flexi contract can also request to change their availability/total hours once every 12 months...

In my naivety I would hope that all flexi colleagues had completed the availability form and understand the maximum number of hours they would be expected to work per week before they set foot on the shop floor...maybe Inam just fortunate not to have 'that type of manager' as part of my team

Redshoes

On the new availability sheets for flexi workers you have to have two days off a week and 11 hours between contracted shifts. You can also only show availability before your shift or after but not both sides. All this cuts down the availability big time but it's only the assigned side of things that are cut. You can still pick up overtime outside your availability but it should be your choice. These new sheets are for when we go to work&pay but they need to be in the system now.
You can work the hours you are working but you should not be assigned that much. Are the hours on a flexi sheet? If so it's a wonder it has not been flagged up by wages as a copy of the flexi sheets should go in file. We issue one overtime shift a week to each flexi worker and the rest of the overtime is up for grabs to anyone.

ElderEnclave

He shouldn't be forced but due to the stores being short staffed, it's very hard my contract is 20.75 but I seem to be doing a lot of overtime plus my hours changing. I don't mind it but it's hell being one on one in a busy period and struggling because the self serves are card only.

fatboy

Anyone know if its true that if you are on a full time flexi contract & you turn down 3 extra shifts it can go to disciplinary? One of our colleagues has had a lets talk because he couldn't do an extra shift due to other plans & was told it can go to disciplinary if he turns down 2 more shifts.

Batmanjo

Quote from: fatboy on 17-06-21, 08:27PM
Anyone know if its true that if you are on a full time flexi contract & you turn down 3 extra shifts it can go to disciplinary? One of our colleagues has had a lets talk because he couldn't do an extra shift due to other plans & was told it can go to disciplinary if he turns down 2 more shifts.

Sadly it is, but it does also depend on circumstances before they can just go to a disciplinary if they have a let's talk he can explain the circumstances to the knuckle dragger but I find it's always best to talk slowly as most like the sound of their own voice, it does seem as though  everything is aimed at disciplinary meetings as soon as you sneeze nowadays, not the best way to get the best out of staff.

fatboy

Any pointers as to where this policy can be found?

FarmerFred

Quote from: Batmanjo on 17-06-21, 08:45PM
Quote from: fatboy on 17-06-21, 08:27PM
Anyone know if its true that if you are on a full time flexi contract & you turn down 3 extra shifts it can go to disciplinary? One of our colleagues has had a lets talk because he couldn't do an extra shift due to other plans & was told it can go to disciplinary if he turns down 2 more shifts.

Sadly it is, but it does also depend on circumstances before they can just go to a disciplinary if they have a let's talk he can explain the circumstances to the knuckle dragger but I find it's always best to talk slowly as most like the sound of their own voice, it does seem as though  everything is aimed at disciplinary meetings as soon as you sneeze nowadays, not the best way to get the best out of staff.
According to the Working Hours Policy V6.5....
Quote
For full time flexible colleagues your total weekly hours will be the same each week, these will be allocated within your agreed availability window. 

FarmerFred

Quote from: fatboy on 17-06-21, 08:52PM
Any pointers as to where this policy can be found?
Login to the colleague homepage, select "Tesco & Colleague Help"->"Visit Colleague Help"->"A-Z list: People Policies"->"List of full policies and supporting documents" - >"Working Hours" - > bottom of page "Working Hours Policy V6.5 April 2021 f..pdf" section 5

fatboy

Thanks but still struggling to find where it says if you refuse 3 overtime shifts you can be disciplined?

FarmerFred

See the post above - the policy states that as a full time flexi worker that you will do the same number of hours each week - therefore you cannot logically be disciplined for refusing overtime. The three strikes "rule" relates to failing to flex within your availability window, or refusing overtime on a part-time flexi contract & even then it's not a hard rule. Any time a manager comes out with such things - always ask them to show you the policy that backs up their assertions!

fatboy

If someone is on a 36.5 hr flexi contract can they be flexed up to work more hours? Ta.

forrestgimp

well the maximum you can work is 48 hours averaged over 12 weeks i think, so unless you opted out probably yea.

NightAndDay

17 weeks, not 12. Otherwise this is correct.

Baba_G

#17
Quote from: Redshoes on 18-03-21, 07:16AM
On the new availability sheets for flexi workers you have to have two days off a week and 11 hours between contracted shifts. You can also only show availability before your shift or after but not both sides. All this cuts down the availability big time but it's only the assigned side of things that are cut. You can still pick up overtime outside your availability but it should be your choice. These new sheets are for when we go to work&pay but they need to be in the system now.
You can work the hours you are working but you should not be assigned that much. Are the hours on a flexi sheet? If so it's a wonder it has not been flagged up by wages as a copy of the flexi sheets should go in file. We issue one overtime shift a week to each flexi worker and the rest of the overtime is up for grabs to anyone.

We had to fill new availability sheets when going on to work and pay? We were told that the ones we filled when first started working years ago way before there was talk about work and pay, were the ones being used and there is no need for new ones.

fatboy

Redshoes...any chance you could post a copy of the new sheet or tell me where I could view online? Thanks

Redshoes

#19
There are two availability sheets, one for fixed and one for flexi. They are available under colleagues help and then moving hours.
The flexi one has to show two clear days off. If you work Sunday it can only show your contracted hours. If you don't work Sunday you can't have availability on Sunday. You can't flex both sides of your shift, you must pick adding flexibility to before or after your contracted shift, not both. You then also need to have 11 hours availability between shifts.
You can work overtime outside of the availability on this sheet, you just can't be assigned overtime outside of this availability.

Batmanjo

Quote from: FarmerFred on 19-06-21, 06:46PM
See the post above - the policy states that as a full time flexi worker that you will do the same number of hours each week - therefore you cannot logically be disciplined for refusing overtime. The three strikes "rule" relates to failing to flex within your availability window, or refusing overtime on a part-time flexi contract & even then it's not a hard rule. Any time a manager comes out with such things - always ask them to show you the policy that backs up their assertions!

Everything comes in three's when it comes to "Policies" such as sick. etc as most of the management can only count that far without bursting a blood vessel  >:( the top and bottom of this is until you have been their for at least a year you have very little protection and then in law it is 2 years, so they have you by the short and curlies, I am so glad I am not on one of these flexi contracts they are abusing and bullying so many staff with these contracts. You only have to look at companies with zero hour contracts such as the catering industry to see how well they do actually work not everybody but for most and they are not hounded with availability sheets made to do their training using their mobiles in their own time.
       I have only ever filled in one availability sheet with the hours I work but have been harassed to fill in more, I always ask why it's not on company headed paper and if it's legal, definitely not legal just harassing staff but i'm sure some 3 fingered manager will disagree. It just seems to be heading to a fascist regime do as you are told or we will force you to. 

Redshoes

A full time flexi worker still needs to have two days off, on the availability sheet. Due to not being able to flex up on Sundays, not being able to flex both sides of shifts and the 11 hour rule between shifts there can only be very limited flexibility. It's a simple matter of maths.

Batmanjo

Quote from: Redshoes on 24-06-21, 05:57AM
A full time flexi worker still needs to have two days off, on the availability sheet. Due to not being able to flex up on Sundays, not being able to flex both sides of shifts and the 11 hour rule between shifts there can only be very limited flexibility. It's a simple matter of maths.


Nothing to do with maths it all about control ! it's fill this availability sheet in so as I can harass you, don't forget 10 minutes after filling in the sheet anyone can change their mind it not a Legal form and cannot be enforced, if it can be show me the Policy for enforcing this if there is one.  :D ;D 8)

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