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Author Topic: Availability  (Read 7639 times)

Redshoes

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Re: Availability
« Reply #25 on: 18-09-20, 06:31AM »
We are doing our training for Work & Pay. We have had to clear up some of the availability forms because of this.
Contracted shifts stand. Being able to move a contracted shift only applies to full-time flexi workers who have to show huge availability.
Availability has to show 2 days off a week and you can only flex up one side of a contracted shift. For example if you work 1000-1400 you can flex to 0600-1400 or 1000-1900 but not a bit either side. You have to have a minimum of 9 hours a week flexibility.
The tablet will flex people up to cover overtime but it can be adjusted/amended by your manager. You can pick up overtime outside the new availability but the tablet issues on lower availability. Overtime will be issued to flexi workers first but only within new much lower window. Fixed contracted people pick up overtime in the old way, but after tablet has issued flexi.
Holidays still done on holiday forms but managers book holidays via the tablet. Managers can amend colleagues personal details via the tablet so if you get married or move house it can be updated in the tablet by your manager. Manager put own shifts into tablet. Colleagues shifts are as per the registers so contracted hours then flexi. So if you are contracted to different hours to what you work this will have to be amended by your manager every week.

NavyNinja

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Re: Availability
« Reply #26 on: 18-09-20, 11:59AM »
I had to fill in a new availability form a few weeks back where I had to have a 9 hour window of availability or something like that. I'm Flexi but only part time so not sure how anything would change for me. As I say a lot of the older folks are confused and a bit worried by it. So they wouldn't just move someone who's been doing say 12-4 on a Monday for a few years now to any four hour shift on any day? If you're four hours or whatever are for Monday then you should still retain that?

lucgeo

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Re: Availability
« Reply #27 on: 18-09-20, 11:34PM »
By the older folk...do you mean long serving colleagues?? If this is the case, then they are probably on permanent contracts, and not affected by flexi availability.

If they are on flexi, then they can only be asked to flex on their contracted days...so no, they can't be told that they now have to work or swap to a day that is not on their availability form, and lose the contracted day that they now work.

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Redshoes

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Re: Availability
« Reply #28 on: 19-09-20, 07:01AM »
Your core hours are your contracted hours.
- If flexi part-time you will be flexed up around your core hours.
- If you are full-time flexi you still have core hours but these can change but this is not a weekly thing, it should only be exceptional circumstances.
- if you are fixed hours you will pick up overtime the old way but it will be what remains after flexi shifts are issued.

tobybeecher

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Re: Availability
« Reply #29 on: 23-09-20, 05:57PM »
Me and a few others were pulled into the office today regarding flexibility and told to fill out flexible contract availability forms. I’m full time with 13 years on a fixed contract so all the talk about being “as flexible as possible” has me concerned they are trying to move us over to flexible contracts. Is this possible?

lucgeo

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Re: Availability
« Reply #30 on: 23-09-20, 06:03PM »
NO!!  >:( do not fill in any flexi availability forms...if you're full time on a fixed set contract, you are already working to that agreed contract, and cannot be contracted to more than 36.5 hours per week.
« Last Edit: 23-09-20, 06:07PM by lucgeo »
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King1999

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Re: Availability
« Reply #31 on: 23-09-20, 07:22PM »
sounds Like they’re trying it on with you.

King3135

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Re: Availability
« Reply #32 on: 23-09-20, 11:35PM »
Hey can someone please help me my inform availabilty app password as expired could someone help me get back in or can i use another stores log jn details. Any help you be appreciated

Redshoes

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Re: Availability
« Reply #33 on: 24-09-20, 06:58AM »
NO!!  >:( do not fill in any flexi availability forms...if you're full time on a fixed set contract, you are already working to that agreed contract, and cannot be contracted to more than 36.5 hours per week.
d

Everyone has an availability sheet, it needs to be updated annually now but then after that it's updated at request. You can't be moved onto an flexi contract without being asked and it will trigger a new contract to be signed. availability sheets are also put out during consultation periods, so if changes are being made in dept. I suspect though that this is just to look at hours I. Dept in relation to heat map. If hours need to be moved/tweaked it should be everyone and not just the odd few that are looked at. Looking at it does not necessarily mean change though.

lucgeo

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Re: Availability
« Reply #34 on: 24-09-20, 09:17AM »
It was, up to two years ago, that no one on a permanent contract were obliged to provide an availability sheet, has this now changed?? Has there been another erosion of the partnership agreement  ??? Can you clarify that this is the case.
If not...then the manager can ASK a permanent contract employee, to fill in an availability form, but that employee is under no obligation to provide one. Indeed a permanent set contract is just that...a contract of set hours, any more hours worked are at the choice of the colleague and called overtime. Probably why the flexi's are getting allocated the overtime first, which, in my opinion, is at a detriment to the permanent contract employees.


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lucgeo

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Re: Availability
« Reply #35 on: 24-09-20, 10:18AM »
Thinking more on the above, why are colleagues on a fixed contract being asked to fill in availability forms, as the flexi's are allocated extra hours first?
Only RHRP consultations should deal with the flexibility of fixed term contract employees. If there is a need to tweak hours, preferably within a two hour window, then there are set procedures in place with consultations, which will be gone through individually with each colleague, with a union rep, or chosen colleague in attendance, to support and advise.
As Redshoes has stated, everyone's hours should be looked at during these consultations...it is not for a manager to drag in the odd few, stating they need to change contracts, or adjust their hours and flexibility quoting " needs of the business", its on the SM 's instructions, or they risk losing their job if they don't change...any suggestions of job insecurity due to lack of change, is false and constitutes bullying.
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Daredevil

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Re: Availability
« Reply #36 on: 01-10-20, 07:33PM »
Don't let them force you.It seems bully boy tactics are being used by managers all over.Only put down what you know you can do.Yoy can also use the comment box to add that you could possibly do  x y or z until such a date then review but only if you want to.I once wrote on mine...working under duress.Good luck

Daredevil

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Re: Availability
« Reply #37 on: 09-10-20, 05:48PM »
My manager is currently doing our heat map too.  I'm being made to feel guilty because I don't want to work overtime.  She asked why and I was honest.  I don't need or want to be there more than I need to (I work full time).  She has told me that because I'm a team leader I should think if I want to be in that role or not if I can't be flexible.😡  I explained that my partner works Mon-Fri, I work day every week do I wanted to keep Sunday free for spending with him.  I'm not contracted to a Sunday currently.  I also took the opportunity to ask about dropping a shift each week.  It didn't go down well.
« Last Edit: 09-10-20, 09:44PM by Nomad »

King1999

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Re: Availability
« Reply #38 on: 09-10-20, 06:54PM »
Guilt tripping seems to be the norm and by the way its a form of bullying don't put up with it.If it's anything like our store it's operationally struggling now less staff than ever.Nobody wants to be there anymore than they have to.Looks like it's starting to bite ,yeah there's overtime nobody wants it.

Redshoes

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Re: Availability
« Reply #39 on: 10-10-20, 05:58AM »
Not sure about Sunday's and being a Team support. Managers can't opt out of Sunday's and I think it's the same for TS however you can say you don't want on a rota but will pick up from time to time. You can also request time back. I have known of one TS who stepped down over Sunday's.
Then there is the fixed or flexi contract. If flexi the new rules is you have to show something like 55 hours flexibility if full time but that must exclude Sunday's. If part-time you need to show 9 hours flexibility but again not on a Sunday.
At some point though the jobs will all go to shift leaders.

Nomad

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Re: Availability
« Reply #40 on: 10-10-20, 10:43AM »
Redshoes "Managers can't opt out of Sunday's and I think it's the same for TS....."

https://www.gov.uk/sunday-working
Quote
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.

I am unable to find the section that says managers are an exemption, can anyone help  :question:



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lucgeo

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Re: Availability
« Reply #41 on: 10-10-20, 11:54AM »
My manager is currently doing our heat map too.  I'm being made to feel guilty because I don't want to work overtime.  She asked why and I was honest.  I don't need or want to be there more than I need to (I work full time).  She has told me that because I'm a team leader I should think if I want to be in that role or not if I can't be flexible.😡  I explained that my partner works Mon-Fri, I work day every week do I wanted to keep Sunday free for spending with him.  I'm not contracted to a Sunday currently.  I also took the opportunity to ask about dropping a shift each week.  It didn't go down well.

You're not currently contracted to Sunday's, then you can't be made to work Sunday's, it's classed as overtime which is VOLUNTARY. She should not be " insinuating " your position is at risk if you don't work Sundays, ask her to put that statement in writing. All Sunday working in most retail is subject to opt out, though I'm unsure regarding Management, as they are salaried, and their agreed contracts differ somewhat..however I would expect their contracts to specify their terms of contract regarding Sunday working, and whether opt out overrides that contract??  TS is not a managerial position, hence the reason they are on a higher hourly rate.
With regard dropping a day...this has to be mutually agreed, and needs to fit in with needs of the business, so the day you would like to drop, may well not suit the department. Perhaps suggest the quietest trading day for your store, usually a Monday, which would give you two days weekends.

@ Redshoes

A TS who stepped down over Sunday working ??? If that was stated and accepted as the reason for stepping down, then that TS has suffered a detriment. The company is under no obligation to offer more hours or extra shifts to anyone opting out of Sunday working, but that colleague cannot be penalised by loss of position or a lower income ( dropping pay grade)  for opting out, which has happened here  :-X
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lucgeo

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Re: Availability
« Reply #42 on: 10-10-20, 12:47PM »
Taken from working rights uk....

A contract of employment may include a clause obliging an employee to work on Sundays. This obligation may be a regular commitment or an occasional request. Either way, an employee with such a contract must be ready to work on Sundays.
A written statement of terms and conditions may contain similar wording to a contract. Any employee unsure about Sunday working should read his or her contract or terms and conditions.

An employee with a contract that fails to mention Sunday working does not have to work on Sundays. An employer who wants such an employee to work on Sundays must change the contract.

The employer and the employee must agree to the contract change. An employee is not obliged to accept a change that adds Sunday working to the contract terms.

When a contract does not include Sunday working, any attempt by an employer to make an employee work on Sundays is a breach of contract.
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Nomad

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Re: Availability
« Reply #43 on: 10-10-20, 03:20PM »
I am unable to find any online material that states salaried staff are to be treated differently regarding Sunday opt-out rights.

Again from .gov website
Quote
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

Or are we saying MM/salaried staff are not workers.
« Last Edit: 10-10-20, 03:25PM by Nomad »
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lucgeo

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Re: Availability
« Reply #44 on: 10-10-20, 03:45PM »
Nope...that was the reason I was given by a manager when I queried why he didn't opt out of Sundays, as he had a young family, and was rarely off on a Saturday. He said it was because he was a salaried manager and in his contract. Obviously some senior had fed him that line  :o

Anyway, your website find is worth everyone noting for future reference  :thumbup:
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alf

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Re: Availability
« Reply #45 on: 10-10-20, 03:50PM »
Likewise I've never seen any distinction made for management.

Though I believe manager are rota'd 5 days out of 7, so potentially they could effectively force themselves to a 4 out of 7 shift pattern.


Nomad

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Re: Availability
« Reply #46 on: 10-10-20, 03:55PM »
Also on .gov https://www.gov.uk/employment-status/worker
Quote
Worker

A person is generally classed as a ‘worker’ if:

    they have a contract or other arrangement to do work or services personally for a reward (your contract doesn’t have to be written)

Thanks lucgeo, Knowing MM liking for Chinese whispers etc, I am always willing to be 'proved' wrong.

alf that is true, and not suffer detriment or dismissal for doing so.

Redshoes point me/us in the right direction if you can.
« Last Edit: 10-10-20, 03:59PM by Nomad »
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alf

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Re: Availability
« Reply #47 on: 10-10-20, 04:04PM »
Not a detriment legally speaking.

But in reality, losing a day's pay is going put a lot of people off. Its one of those things, sounds nice in theory but in practice unless your circumstances suit, it's not practical.


Nomad

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Re: Availability
« Reply #48 on: 10-10-20, 06:22PM »
I think very few would do it if it did not suit their circumstances.  I believe for those that it does they can do it salaried or not and contract or not, unless somebody can prove otherwise.
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Nomad

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Re: Availability
« Reply #49 on: 21-10-20, 11:46AM »
 :question:
Not sure about Sunday's and being a Team support. Managers can't opt out of Sunday's and I think it's the same for TS however you can say you don't want on a rota but will pick up from time to time........................

Redshoes, have you found a link or information on managers being excluded from the government Sunday opt out laws  :question:
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