Trying to escape the Sunday

[TypoRange]

Hi guys,

I have searched the forum but everything I have found is a few years old and I am not sure the information is still relevant.

Summary:

I am a Fresh Night Worker. I am contracted to 3 nights a week, Fri, Sat & Sun (Yay no lifer weekender) I have a physical disability which has slowly impacted my life and work. I have been to occupational health and Tesco has mostly adhered to the reasonable adjustments. They are fully aware of this and took me in with the condition.

I have signed up and starting college full time to get an education and a role in a different job that wont affect my health as much as a retail one is. (Not to mention I am sick of retail work now.)

Manager Talk:

Basically told me my request would be rejected, that it's easier for me to simply hand my notice in than to take on staff or have the 10 new staff we are supposed to be getting to do the Sunday or be moved to the Sunday. That they wont let me work different shift hours to accommodate or swap shifts with another colleague. Very unhelpful and basically telling me it's impossible, just suffer etc etc;..

Question:

I am no long able to work the full 3 night shifts as it's making my condition worse, I have spoken to the Union about opting out of Sunday and simply working 2 nights. I was told I could opt out of working Sunday with a form through OurTesco but I cannot for the life of my find it and during my forum search someone had noted that opting from a sunday only means the Saturday night and not the actual Sunday night.

I am really confused and would appreciate any further help/advice.

[oldfashionedplayer]

Heres the form for you, just hand it in and after 4 weeks don't turn up to your sundays, it's managers responsibility to cover your shift after your notice of that shift drop.

also to add that opting out of sunday means Sunday into Monday, for a nightshift worker, least thats what ours says and the 4 that have done so at our store to go onto universal credit for an extra £1000 a month by dropping it lol.

[80377494]

Your shift on Saturday night into Sunday morning starts on a Saturday so is a Saturday shift. Sunday night into Monday morning starts on Sunday so you should be able to drop that shift.

[alf]

Just out of curiosity is there any guidance on what day it is in regards to nightshifts?

A shift starting on saturday makes sense, but when the majority of that shift falls on a sunday, you should surely be able to opt out of that shift if desired.

I recall reading the same stuff Typo read on here. One story that comes to mind, is of an nightshift employee being told they had to work 2 hours on saturday, if they opted out of sunday.

[lucgeo]

Is there another colleague who has expressed an interest in swapping the Sunday night with you?? If so, and you do the same hours then the manager can just go whistle in the wind...they are being obstructive and unreasonable.

If you would rather just drop the Sunday shift, then you fill in the opt out form, giving the four weeks notice...you do not have to take on another shift instead, regardless of what the manager may have you believe, making out they're doing you a favour.

Not only is it your choice to opt out of Sunday working, it is your legal right...again, regardless of what the manager may think or say. The opt out forms should be readily available for you instore, either from the wage clerk or admin assistant, or your night manager..any stalling...greivance.

[TypoRange]

Heres the form for you, just hand it in and after 4 weeks don't turn up to your sundays, it's managers responsibility to cover your shift after your notice of that shift drop.

also to add that opting out of sunday means Sunday into Monday, for a nightshift worker, least thats what ours says and the 4 that have done so at our store to go onto universal credit for an extra £1000 a month by dropping it lol.

Thank you so much for the form, the only other one I could find were 2 photocopied ones from this forum with 2011 on the bottom corner and I was dubious about printing those out  for the manager's to laugh at me and throw it in my face.

Your shift on Saturday night into Sunday morning starts on a Saturday so is a Saturday shift. Sunday night into Monday morning starts on Sunday so you should be able to drop that shift.

That makes me a little more relaxed, as I was reading online that it was SunDAY and that it only meant the day not the evening, I am trying to drop Sunday evening but keep Friday and Saturday night.

Just out of curiosity is there any guidance on what day it is in regards to nightshifts?

A shift starting on saturday makes sense, but when the majority of that shift falls on a sunday, you should surely be able to opt out of that shift if desired.

I recall reading the same stuff Typo read on here. One story that comes to mind, is of an nightshift employee being told they had to work 2 hours on saturday, if they opted out of sunday.

I read it from the Double time on Sunday thread which was also where I got the old forms from.

Is there another colleague who has expressed an interest in swapping the Sunday night with you?? If so, and you do the same hours then the manager can just go whistle in the wind...they are being obstructive and unreasonable.

If you would rather just drop the Sunday shift, then you fill in the opt out form, giving the four weeks notice...you do not have to take on another shift instead, regardless of what the manager may have you believe, making out they're doing you a favour.

Not only is it your choice to opt out of Sunday working, it is your legal right...again, regardless of what the manager may think or say. The opt out forms should be readily available for you instore, either from the wage clerk or admin assistant, or your night manager..any stalling...greivance.

The few colleagues on my department already either work the Sunday night or don't wish to, I asked other department colleagues and well..the idea went down like a lead balloon and most of them hate fresh which is understandable 

[Munchkin]

If you want drop a Sunday you don't need an official form just handwritten letter explaining, sign and date it, give 4 weeks notice job done, I have recently done it but for a Sunday day shift

[lordadmiral]

I dropped sunday few months ago. I printed form (it is here on VLH) signed it and hand it over to manager. When i was asked if i want another day in return i said i will work 4 nights only (plus some overtime here and then).
They can't refuse you opting out.
https://www.gov.uk/sunday-working

[runny honey]

You can opt out of Sunday, you don’t have to give a reason and they can’t stop you from doing it. As the other posts say, you simply have to give 4 weeks notice. There is, however,  no obligation for a company to find you alternative hours.

As you work Saturday and Sunday night, technically speaking they could make you work your 10pm to midnight on the Saturday and then your midnight to 7am on the Monday as you’re opting out of Sunday. This scenario is unlikely and it might be the bit where you have to bite the bullet and speak to your manager to clarify for both parties what this is to look like

[lucgeo]

They cannot make you work 10pm-midnight, as no stand alone shift can be less than 3.5 hours.

[kaled78]

They cannot make you work 10pm-midnight, as no stand alone shift can be less than 3.5 hours.

not true with have lots of people in my store who do 3 hour shifts

[lucgeo]

Pretty sure it's 3.5...though happy to be corrected if proven wrong 

[Nomad]

https://www.verylittlehelps.com/index.php?topic=6681.msg9609#msg9609

Addendum 2:
The majority of hours worked on a Saturday night fall within the Sunday. Therefore, Night workers can opt-out of working a Saturday Night. Some Managers may disagree with this, however, after lengthy discussions with various Store/Personnel Managers, this has been agreed within Store. So, with regards to RHRP, no-one can be forced to work a Saturday Night.

https://www.usdaw.org.uk/CMSPages/GetFile.aspx?guid=e401039e-75f9-4675-8216-56fa579b65b0
Section 10.

5 years old !, however found this to be weak on explaining that those who were unsuccessful in their request to opt out of Sunday working did so due to their own financial situation, it rather seems to suggest that their right to opt out can be denied by the company, it can't.

[kaled78]

well we have people on newspapers who do 3 hour shifts 6am-9am,and people on .com who do 6am -9am,they have been doing these hours for years,after thr first run of ideal schedules,when we still had personnel managers

[londoner83]

Think the rule is no one can now be given a new shift of less than 3.5hrs, however if you are already in the business with shifts shorter than this you cant be made to extend your shifts if you don't wish to do so.