Welcome, Guest. Please login or register.
Did you miss your activation email?

31-05-20, 11:08PM

Login with username, password and session length

Recent

Members
  • Total Members: 6625
  • Latest: magners
Stats
  • Total Posts: 45908
  • Total Topics: 924
  • Online Today: 109
  • Online Ever: 483
  • (25-02-20, 02:44PM)
Users Online

Author Topic: Some clarification regarding a Flexi Contract  (Read 4435 times)

Saiken69

  • VLH Supporter
  • Newbie
  • ******
  • Posts: 1
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

  • Newbie
  • *
  • Posts: 34
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

  • Smart Arse
  • *****
  • Posts: 886
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

  • Jr. Member
  • **
  • Posts: 54
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:

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.

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

  • Smart Arse
  • *****
  • Posts: 699
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

  • Jr. Member
  • **
  • Posts: 54
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

  • Global Moderator
  • Sad Muppet
  • ******
  • Posts: 2660
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.
"The progress of the kart is more important than its direction"

kbm800609

  • Newbie
  • *
  • Posts: 1
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

  • Smart Arse
  • *****
  • Posts: 699
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

  • VLH Supporter
  • Sad Muppet
  • ******
  • Posts: 2399
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  ???
Live for today. Learn from yesterday.

Redshoes

  • Smart Arse
  • *****
  • Posts: 699
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

  • VLH Supporter
  • Sad Muppet
  • ******
  • Posts: 2399
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  ???
Live for today. Learn from yesterday.

NightAndDay

  • Smart Arse
  • *****
  • Posts: 886
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

  • Smart Arse
  • *****
  • Posts: 699
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

  • Smart Arse
  • *****
  • Posts: 886
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

  • Smart Arse
  • *****
  • Posts: 699
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.

 

SMF spam blocked by CleanTalk