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Am I missing something? (job related)
#1
As most of you know, I work PT for Tesco, my partner works technically PT too (32 hours PW).

It's been a long and on going thing for her to try and swap her Saturday Shift. For over a year this has been going on and everytime it's we're too busy, no, or you can't swap it untill we take on more staff.

Since then, they've taken on over a hundred agency & Flexi staff
Saturdays have become quieter and it's never been a busy day anyway (They send agency/flexi staff home early and everything)

So we wrote an official letter, saying "As of today (dated) I will no longer be working Saturdays. I wish to drop my hours to 3 days per week immediately"

Manager's response "You can't drop it untill we start recruiting people"
*They've been recruiting all for the last 6 months, got a major rec drive going on atm too

Whereas me, and various other people, can chop and change our hours/days as we so please. I mean I personally f*ck them about no end and make things as difficult as possible and yet I get away with it.

I can understand them saying no to a 'swap', but dropping a day? Actually telling them that you want PT hours and it's effective immediately... Can they say no to that??

As by my reconing... That's exactly the same as saying "No you can't quit untill we start recruiting people"

So am I missing something or are they taking the f**king piss?
My riding is more up and down than the damn area I live in! And the tart's knickers who lives next door - Combined!  :o
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#2
Depends on the T&C of her contract I guess. If it says in there she has to be available 6/7 days a week and the management can decide what days she works on then probably not much you can do. There should be reasoning on both sides that if she says she cannot work on saturdays anymore and does flexible hours anyway, they should try and move her schedule. Does sound a bit odd that they wont given they have taken on more staff etc. I presume she doesnt get on with her manager so it may be more of a personal thing which of course shouldnt happen, perhaps get her to speak to the next person up in the chain.
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#3
32hrs PW is verging on a Full Time Job IMHO, Im sure employers all treat hours differently, but in the main, anything over 30 (but nearer 40) is Full Time

Its down to an employer to advise when you work and when they need you - they are, afterall, the employer and guidance wouldve been outlined in the contract.

This information may help:
http://direct.gov.uk/en/Employment/Emplo...G_10037051

Unfortunatly in this day and age, any employee who wish to "dictate" their hours to their employer are in grave danger of getting the boot - as you are well aware, that someone else will do the job. Theres lots of people looking for work and to earn more money, so it can be easily filled.

You have said "Swap" AND "Drop" in your comments - which is it?  If "offering" to Swap is a fair and honest question to ask, and work the same hours on another day, if telling them they are "Dropping" it, then its negating on the contract and open to many issues.
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#4
She's got a pretty standard contract, same 4 days per week. She does help them out a fair amount and the manager is a nice enough woman. Pretty fair to everyone (normally). It's like with Shift Swaps. She's wanted about 10 in the last 8 months, and what do they say "You can't keep swapping your Saturdays", which she just accepts.
My response to that would be "Swap them, you've never let me have 1 f**king swap, ever??!?!" There are notices everywhere about how they can help you by arranging a shift swap (just one shift) and yet she's succeded in getting ONE SS in the past 8 months that I've known her, yet to them she apparently does it all the time??

And she can't really go higher up the chain, the manager is question is 2nd highest of the store and the one above is quite frankly a pompus pr!ck, and I mean a total noob.

It just doesn't make sense to me and all I see it as is it's basically "we know we can fob you off, so we're gonna, even though your right", which would explain why I can mess them about. As harsh as they are when I ask for something "No" is an answer I simply will not accept = I get what I want.
My riding is more up and down than the damn area I live in! And the tart's knickers who lives next door - Combined!  :o
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#5
Ben, she's tried to 'Swap' her day, same hours, different day many many times.
So now she tried to 'Drop' her day, just like I did a few weeks back... I changed my starting time, my days and overal hours.

And they said 'no'. Yeah it's technically up to them to say when you work and when you dont, but if you give it in writing, signed, that you want less hours... I do not see how they can possibly stop you. As in her case, got a weekend job, so cant work weekends... And they've got what right to say no to that?
"OK I'll quit my new job.... Yeah, like f*ck"
My riding is more up and down than the damn area I live in! And the tart's knickers who lives next door - Combined!  :o
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#6
Has she put in writing how she has only actually had 1 SS or whatever as there are bound to be tons of staff that manager looks after so probably lost track. if most people SS then she probably presumes your other half has been doing it as well. She needs to document the time(s) she did have one and make it clear she hasnt had anymore
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#7
Again depends on the contract. Does it say the minimum number of hours she must work? I cant just decide to work less hours as my contract says I do 40 a week (plus expected to do more if required unpaid FU etc), hers may be different as not full time
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#8
"Papa Smurf" Wrote:but if you give it in writing, signed, that you want less hours... I do not see how they can possibly stop you. As in her case, got a weekend job, so cant work weekends... And they've got what right to say no to that?
"OK I'll quit my new job.... Yeah, like f*ck"

Of course they can say no - if the job entails that she works Saturdays, then thats her job role.  By trying to dictate to them that shes not going to fulfill her contractual obligations (ie, work less hours) this is very stoney ground.

Are you in the same department as her?

I understand shift-swaps as a lot of my friends work for Tesco - they swap if another covers etc - but I rarely hear of any of them swapping "at-will" which could leave departments short or understaffed etc.

Im sure many people work there - imagine the chaos if everybody done that.

She should officially write a polite letter outlining her specific 1 SS and apply in writing asking for a shift to be swapped personally or what can be done to assist.

The ball really isnt in her court, dictating to an employer eventually only leads to one thing if deemed troublesome or in contrary to a contact.
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#9
Depends how much she wants her job. If she put it in writing that she will no longer work the hours or days they tell her but work the hours she wants they could very much use that as an excuse to get rid. No one wants to work Saturday mornings & I guess that will be writen into her contract somewhere. They are in a very strong position (whether its morally right or not is another matter). IMHO I think she has just put the first nail in her job coffin. Sadly dont be surprised if she gets bad news soon. Tescos is a huge player & as such will bend the rules as much as they like with the knowledge they can do so.... the average man on the street wont have the finance to take them to court... that said, I think they will have a good enough excuse to legally lay her off anyway. If her contract says you have to work Saturadys & the employee writes & refuses to, its them who are breaking the contract not the other way around. Its a tough world & perhaps just looking for another job & then telling them to poke it may have been the sensible option Wink
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#10
It's just weird, my contract says I do x amount of hours... I do more now, no problem. I change all the time.. No problem.

I dont know what hers says, or if she even has one (they only started giving them out 2 months ago, not even that I dont think)
She probably has an old contract, for when she was a driver for them in store. But that would say she's under an entirely separate department and worked whatever hours. I think she used to do less there but upped her hours once we moved to our no customer store.

I've just been reading up on Human rights etc. Yes they can refuse, and in her case on the grounds of "Detrimental effect on ability to meet customer demand" or maybe under "inability to recruit more staff (or something like that) which I think is irrelevant as they have been doing so.
But it's not going to make a difference if she drops a day or not. She first offered to take up another day during the week, on a BUSIER day (3rd busiest of the week). So that to may says she has tried/offered and reasoned with them, but no. Which is where the HR's comes in. She can argue discrimination. The only exception is 'normal civic duties' (which I dont understand at all what this means, so you'll have to excuse me on that one).

But I think she has a case. Because:
She has offered, verbally AND in writing, at least 3 times (3x written) to change/alter and help them as best she can.
To keep the same hours.
Start earlier to help meet demand.
Stay on extra time when they ask for it etc etc

Other people get away with it, there are some that dont. I dont think the manager is a bad person (atm) but all this to me... Spells one word: Discrimination. Therefor (I think) she has a case/grounds to argue their decision.
My riding is more up and down than the damn area I live in! And the tart's knickers who lives next door - Combined!  :o
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