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Author Topic: Store manager said I have 12 weeks to multiskill or I'll lose my job  (Read 3136 times)

brappy

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Hi,
So I've been employed by Tesco for 8 years. I'm not on a flexi contract.
For the duration of this time I've had problems with my mental health. I have eupd, anxiety and depression.
I struggle with change to routine, things coming out of the blue and talking to strangers (customers). I have medical history going back throughout my employment and have had two or three adjustment passports for this.

I recently had a baby and came off mat leave in February, returned to work for a week and they tried to switch things up on me which overloaded my anxiety so I went off sick for a couple of weeks while changing meds and stuff, then I had a holiday and now I'm back in work my job role doesn't exist so who knows what I'll be doing properly once they decide, at the moment I'm still clinging on to what I used to do, because there is a need for it.

Anyway, today the store manager asked me to do Dot Com while I was in the middle of something. I told him I have a fit note and adjustment passport that says I can't do that, I'm also not trained. Then he told me to go on checkouts, I'm not checkout trained and again I have a note and adjustment passport that says I can't do that. Then he got a different manager to write me up a new adjustment passport and the store manager told me I have 12 weeks to multiskill and I have to go on checkouts, dot com and whatever else when needed or I'll be in breach of contract and lose my job.
Regardless of if I was able to do those departments, I wouldn't be able to handle the sudden change in what I was doing if they pulled me off to do that.

Is this not indirect discrimination?
I legitimately cannot do those departments and I need a set routine to manage my mental health. I've got all the original copies of medical stuff back to 2013 as I know things can go "missing".

I tried talking to my manager about it and he said what the store manager said is true and it's tough.

I don't know what to do, I can't afford to lose my job.

Edit: I want to add that I'm not lazy, I work hard at what I do and I HAVE to do a good job or my mental health goes downhill.
« Last Edit: 11-05-20, 08:44PM by brappy »

letmego

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What exactly can you do? If it's limited then you can't fulfill your contract.
« Last Edit: 11-05-20, 10:32PM by letmego »

brappy

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What exactly can you do? If it's limited then you can't fulfill your contract.

I can do pretty much anything once I'm familiar, apart from customer facing roles and the pressure that is the dot-com timer. It just has to be a set routine.

All I want from them is support with my disability with reasonable adjustments.

They wouldn't go asking someone with a physical disability to do something they couldn't do. Forcing me out because I can't do something because of my disability is discrimination, surely.

penguin

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I would say its not indirect discrimination, it is direct discrimination, the store manager cannot just ask another manager to write up a new adjustment passport like that, this could well not only be a case of direct discrimination but also bullying.
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NightAndDay

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What exactly can you do? If it's limited then you can't fulfill your contract.

The equality act means that the op is legally protected against being made to do things which would exacerbate their condition, I'm unaware of the process of updating adjustment passports, but I would logically assume that the requirements are that they would have to exempt or provide support to the employee from tasks which exacerbates their condition/disability as a minimum to be compliant with the law.

As for not fulfilling terms of the contract, the contract makes reference to the policies on Our Tesco, the finer details of the policies surrounding the adjustment passports and amended duties would need to be known, but seemingly it seems that being compliant with these policies would indicate fulfilling the terms of the contract.
« Last Edit: 12-05-20, 12:51AM by NightAndDay »

penguin

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Process for updating adjustment passport is either a six monthly review, by the person with the passport and his or hers immediate manager (it is acceptable for the manager to get advice from occupational health or the personal manager)

Or if someone moves to a new job role or suffers a change in health conditions then the passport can be reviewed and updated, however this is a two way process and it can not just be done by a store manager ordering you to move department and asking another manager to write out a new passport.
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NightAndDay

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Does this process take into consideration fit/sick notes from GPs, I'd think at the very least that OH input should be mandatory otherwise what is stopping managers putting people like the OP into roles which they aren't fit for due to their documented disability apart from of course legislation.

Redshoes

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You have said that your job role no longer exists, it was not customer facing so I assume it's linked to the bakery changes. if not, it must have been given to someone else.
If your job role has gone as part of a structure change you do need to be matched to a new job role. They need to support you with this and offer you alternatives. If you turn down the alternatives they do not have to create a role for you. They only need to offer you actual vacancies. It's tough times. All stores are being asked to stay as close to hours as possible. It would be same for anyone. You should be treated fairly but you do need to be matched to an actual job role.
However, if your job has been given away to someone else during your maternity you have a stronger case. Your job can't be given away.

brappy

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I would say its not indirect discrimination, it is direct discrimination, the store manager cannot just ask another manager to write up a new adjustment passport like that, this could well not only be a case of direct discrimination but also bullying.

To be fair, my old adjustment passport hadn't been reviewed and probably expired while I was off work, so I was due a new one. I do have very recent doctor's letters about my new medication and how to help me manage my mental health.

What I don't understand is he said I can have the adjustment passport for 12 weeks and then after that if I don't do those departments I won't have a job.
I was thinking indirect discrimination because they brought in those tablets that put people anywhere, which I just can't do

brappy

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You have said that your job role no longer exists, it was not customer facing so I assume it's linked to the bakery changes. if not, it must have been given to someone else.
If your job role has gone as part of a structure change you do need to be matched to a new job role. They need to support you with this and offer you alternatives. If you turn down the alternatives they do not have to create a role for you. They only need to offer you actual vacancies. It's tough times. All stores are being asked to stay as close to hours as possible. It would be same for anyone. You should be treated fairly but you do need to be matched to an actual job role.
However, if your job has been given away to someone else during your maternity you have a stronger case. Your job can't be given away.

My job title still exists, it's warehouse and backdoor (I was never trained on it), but my activities I do "no longer exist" - I was doing grocery waste and reductions, the clearance list, date rotation and taking in deliveries. These are still being done by other people just not consistently.

Edit: I just want to add that while I was doing the clearance list we passed every audit with flying colours, and while I've been off we failed an audit. The waste was green because id make sure to stick to the weekly limit on damages and reductions, and now it's red. So it's not like I was doing a bad job or anything
« Last Edit: 12-05-20, 11:42AM by brappy »

Redshoes

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The tablets do not say everyone has to be multi skilled but you do have to match a job role and then this is updated on the wages system and then shows in the tablets. The tablet will show Depts over or under hours. If a dept is over hours already you should not be added to that dept, only to a dept that is under hours. The tablet does make the stores stay closer to this than before.
Multi skilled during a restructure does add points. If someone has scored higher than you they will be matched above you. Same for if first aider, this holds additional points too. You health condition does need to be considered but it does not place you at a high advantage, it just needs to be considered.

Redshoes

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You have said that your job role no longer exists, it was not customer facing so I assume it's linked to the bakery changes. if not, it must have been given to someone else.
If your job role has gone as part of a structure change you do need to be matched to a new job role. They need to support you with this and offer you alternatives. If you turn down the alternatives they do not have to create a role for you. They only need to offer you actual vacancies. It's tough times. All stores are being asked to stay as close to hours as possible. It would be same for anyone. You should be treated fairly but you do need to be matched to an actual job role.
However, if your job has been given away to someone else during your maternity you have a stronger case. Your job can't be given away.

My job title still exists, it's warehouse and backdoor (I was never trained on it), but my activities I do "no longer exist" - I was doing grocery waste and reductions, the clearance list, date rotation and taking in deliveries. These are still being done by other people just not consistently.

That is tasks that need to be completed, not a job role. You need to be matched to an actual job role and as part of that you need to do all parts of the role.

brappy

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Ah that's the word! I'd be quite happy and able to manage my mental health in any job role as long as it was consistent with set activities to do each day, providing it's not customer facing. The main issue is this having to do whatever whenever or I won't have a job.

Moderator Comment Please do not quote immediately prior post(s).
« Last Edit: 12-05-20, 12:22PM by Nomad »

Redshoes

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There are not many jobs that do exactly the same routines day in and day out. Even less that are not customer facing. Add into that and the fact that the dept has to be under hours. You are very limited.
Checkouts is consistent, so is dot.com picking. Same with wages and cash office. They can't however move anyone to create a role for you. It already has to already exist. If you are back door / warehouse now, this is not customer facing but you need to do all parts of the job so you would have to take in deliveries but these can turn up at different times. Deliveries can be different sizes and the reductions etc need to fit round rest of job.
I think you have t be realistic about what you can do. Aspects of all job rolls are repetitive but not to the extent of same every day. If you filled shelves it would depend on time delivery turns up, how big the delivery is, if it was a promotion change week, if others off on sick or holiday etc. Stock control and reduction routines are dependant on stock levels and you often have to adapt and have the understanding of how to adapt. PI can go from 10 labels to 3,000.00 but again, they have other routines they can do and they just need to adapt and knife how to do so.
The most consistent role is checkouts, they serve customers. Only help out on shop floor when tills are quiet. Same with dot.com picking. They don't get time to do much else. Even wages and cash office do not have same routines daily but the roles are more consistent.
Having a role where you just fulfill parts of the job that allow you to do exactly the same thing every day is not realistic. You can't just do part of a role and the store needs to function and we all need to adapt to make it function depending on what is going on.
The whole company is having to deal with COVID-19. Routines have changed. One way systems implemented in stores. Queues outside and once again at checkouts. Filling routines along with many other routines have had to adapt to these changes. I sympathise with you but you need to look at what you can do and not what you can't. Things are more regimented, you may like this but it's change and it will last as long as it needs to but no longer.

lucgeo

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Err..bit confused here ???
What  department code does it state on your wage slip?
Did you have these health problems when you started 8 years ago, and were they declared at the time of employment being offered?
What do you mean your job role no longer exists? Who has told you that? As I recall the back door position was doing the jobs (? activities?) you say you have been doing...and you say that other people are now doing these tasks? We're the tasks renamed 'activities', before you left for maternity, or were they delegated to you, in accordance with the risk assessment of you being pregnant?
Is there still restructuring of your department being done, or has it been done in your absence?
We're you contacted regarding it, while on maternity leave?

I would strongly urge you to contact your area USDAW office and ask for a representative who has good knowledge of the equality act...if your not in the union..join it now!!
I suggest you write down dates and times of what you have been told, by whom, and what was said...starting with what your manager stated, that it was by instruction of the SM...and future conversations.
The SM is actually in contravention of the appeals process, as how can you follow the instore process of appeal, when he gets the final say on his own instructions ???

Play your cards close to your chest here...keep the fact that you have copies quiet for now...should they state ( in meeting with notes taken) they have no record of previous agreements, then you grievance the store that they are in contravention of the data protection act by failing to ensure records pertaining to your medical history have been secured in your personal file! Bet you they find them pretty damn quick!

Also, ring ACAS at every stage for clarification, as not every rep is necessarily all knowledgeable, so work with them, suggest other possible avenues, not ACAS says!!

@redshoes...OP already stated she used to take delivery in prior maternity leave.
« Last Edit: 12-05-20, 01:18PM by lucgeo »
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brappy

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The code is W09B. I've done waste reductions, clearance and date rotation for years. The store managers decided those things don't need doing anymore. The first I heard about it was on my return to work.
I've contacted USDAW and they said to get a store rep to speak the managers and try to resolve it, so I'll try that.
I'm open to doing anything in the store, apart from those two departments, and as long as I'm not pulled off to help out on them.
I need a structured day so for example "you'll be doing jobs a b c d for your shift" those jobs can vary in workload/time as long as its the same task, does that make sense?

My mental health deteriorated the first year I was employed by Tesco, I was bullied by the senior night manager (used to be on grocery), as they wanted to force me out and I was on a permanent non Flexi contract. They gave me unrealistic tasks to complete (filling multiple aisles when the person the other half of the week only had to do one aisle), changing my hours and says to ones that weren't suitable, forcing me to work all of December - I completed everything she asked me to, nearly killed myself in the process but I did it and then she left. That was the start of all mental issues, not that I have any evidence, my night manager at the time told me after she'd left that I was supposed to quit. I literally tried to kill myself it was so bad, and ended up in hospital. I did speak to rep at the time and she said they were allowed to do all that, which I've since found out is false. But that's a whole different story.

I know that they've lost some of my documents already. They fired my previous manager and all his departments paperwork disappeared with him.

Basically, it's a s*** show in there. I should just leave, but then I really struggle with change and wouldn't cope well with a whole new work environment.


lucgeo

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Ok...so speak to ACAS get the low down on what's acceptable and what isn't...then get your rep involved, you'll soon know if they're pushing for you or can't be arsed attitude, if the latter the case, ask the USDAW office for another rep, even from another store if need be, cite discrepancy in policy rules between your rep and ACAS.

If they've lost documents, then wait till its noted down, then go for the jugular. Don't tell the rep at this stage your intentions.. Hell pet...if you're going down, you're going down fighting! Once you grievance against the store, then no manager should try to approach you to discuss...or bully you to withdraw it e.g. SM.

Anyone know what department W09B is ??? ???
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80377494

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W09B is a job code and is used  for lots of departments. Grocery CAs, Backdoor and warehouse CAs, All of Fresh CAs, Frozen GAs, Health and Beauty CAs, General Merchandise CAs. etc. There's bound to be a few I've missed.
« Last Edit: 12-05-20, 06:02PM by 80377494 »

brappy

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Whoops, the department part says 017 (A)

Welshie

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You say that's you're ok with a things you're familiar with . When multi-skilling on dotcom you're not really expected to hit the pick rate so being timed isn't an issue , the picks follow the same route around the store and it has certain routine to it . It could be worth agreeing to try getting dotcom trained , yes customers may approach you to help but it's not a lot of customer interaction and it is unrealistic to think that you can avoid customers and work in retail . If what you are doing is not a set job role then you need to show some willingness to change and adapt but push the point that you need more time than most to adjust

brappy

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Now work are saying my job change was temporary while pregnant, it wasn't! Would my department code have changed if the move was temporary?

Welshie

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TheAnonymousWorker

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Just a quick note. I know the routine/activity of Grocery Date Rotation no longer belongs to the Grocery team, it’s a Stock Control routine now.

NightAndDay

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That should belong to both teams, in Express that has always been the case, when fresh workers fill, they should stock rotate, the customers inevitably mess up the rotation and then J14ers/SCers  re-rotate.

Having it so only a specific department is accountable is a quick way to get red on waste, as it needs to be done regularly throughout the day, not when one department are doing their duties.

 

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