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Author Topic: Some clarification regarding a Flexi Contract  (Read 8124 times)

Saiken69

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Some clarification regarding a Flexi Contract
« 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?

blueberet

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Re: Some clarification regarding a Flexi Contract
« Reply #1 on: 25-04-20, 10:44PM »
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

NightAndDay

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Re: Some clarification regarding a Flexi Contract
« Reply #2 on: 25-04-20, 11:13PM »
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.

oldfashionedplayer

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Re: Some clarification regarding a Flexi Contract
« Reply #3 on: 28-04-20, 02:52AM »
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:

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"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

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"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.

Quote
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.
 

- 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.

Quote
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."

So sunday hours are optional.

Quote
Ideally, 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.

Redshoes

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Re: Some clarification regarding a Flexi Contract
« Reply #4 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.

oldfashionedplayer

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Re: Some clarification regarding a Flexi Contract
« Reply #5 on: 28-04-20, 04:17AM »
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.

gomezz

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Re: Some clarification regarding a Flexi Contract
« Reply #6 on: 28-04-20, 09:51AM »
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.
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kbm800609

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Re: Some clarification regarding a Flexi Contract
« Reply #7 on: 15-05-20, 06:17AM »
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?

Redshoes

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Re: Some clarification regarding a Flexi Contract
« Reply #8 on: 15-05-20, 09:59AM »
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.

lucgeo

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Re: Some clarification regarding a Flexi Contract
« Reply #9 on: 15-05-20, 11:28AM »
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  ???
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Redshoes

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Re: Some clarification regarding a Flexi Contract
« Reply #10 on: 17-05-20, 09:50AM »
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.
« Last Edit: 17-05-20, 12:45PM by Nomad »

lucgeo

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Re: Some clarification regarding a Flexi Contract
« Reply #11 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  ???
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NightAndDay

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Re: Some clarification regarding a Flexi Contract
« Reply #12 on: 18-05-20, 02:24PM »
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.
« Last Edit: 18-05-20, 02:29PM by NightAndDay »

Redshoes

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Re: Some clarification regarding a Flexi Contract
« Reply #13 on: 19-05-20, 03:19AM »
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.

NightAndDay

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Re: Some clarification regarding a Flexi Contract
« Reply #14 on: 19-05-20, 10:49AM »
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.
« Last Edit: 19-05-20, 10:52AM by NightAndDay »

Redshoes

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Re: Some clarification regarding a Flexi Contract
« Reply #15 on: 20-05-20, 11:22AM »
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.

Cinderella

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Re: Some clarification regarding a Flexi Contract
« Reply #16 on: 06-06-20, 07:27AM »
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.

Cinderella

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Re: Some clarification regarding a Flexi Contract
« Reply #17 on: 06-06-20, 07:29AM »
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.

Bean23

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Re: Some clarification regarding a Flexi Contract
« Reply #18 on: 21-06-20, 11:08PM »
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.

rach1905

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Re: Some clarification regarding a Flexi Contract
« Reply #19 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.

NightAndDay

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Re: Some clarification regarding a Flexi Contract
« Reply #20 on: 17-08-20, 08:17PM »
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.

rach1905

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Re: Some clarification regarding a Flexi Contract
« Reply #21 on: 17-08-20, 08:33PM »
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.

Duff McKagan

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Re: Some clarification regarding a Flexi Contract
« Reply #22 on: 17-08-20, 09:59PM »
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.

lucgeo

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Re: Some clarification regarding a Flexi Contract
« Reply #23 on: 18-08-20, 08:35AM »
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.
« Last Edit: 18-08-20, 08:42AM by lucgeo »
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whatajoke2019

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Re: Some clarification regarding a Flexi Contract
« Reply #24 on: 18-08-20, 09:43PM »
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!

 

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