Can they change my hours/sack me?

nomoneytoday

On the flip side, think how much you will save by not going out on a saturday night?

ceridwen

bendix wrote: »

Of course they can do it. Companies like this don't do these things without knowing employment law. If they are doing it, you can rest assured the law is on their side.

Not necessarily!!

Companies sometimes (often..:cool:) try things on knowing very well that they would be breaking the law and/or the employees' contract. They try it on because they know that sometimes they will get away with it...:mad:

Always...always...always...worth checking whether they really CAN do whatever-it-is.

ceridwen

Oldernotwiser wrote: »

Actually, many young people's socialising doesn't start until midnight and anyway, you can't do a lot on a Saturday night if you have to start work at 0800!

(Nothing to do with the legal situation - just a comment.)

Obviously showing my age here...back in my day (cue for violins) - the evening started somewheres about 8pm (with a drink or two in a pub) and then went on to going to a disco after an hour or so. We all got turfed out of the disco at 1am the following day and staggered home via the local takeaway. End of evening = about 2am the following day.

I'm clearly showing my age here:rotfl::rotfl::rotfl:

dseventy

You don't say how long you have worked there, but if its less than a year (probable given your age) then they can sack you for any reason (or not give you one!).

D70

mosmof

Klug wrote: »

Hi
I think you work for the same company I do!! Sounds so familiar! It's a process happening across the whole company and loads of workers are being forced to change their hours unwillingly, or go (loads of others will want your job). There is little you can do I think except try and make a compromise with them (if they will listen). At our store, it is causing a lot of unhappiness.
Good luck

yeah, i might as well say it; Tesco? I spoke to the new store manager today and he said (to be blunt) 'when people leave, we aren't rehiring' however before he said 'you are a valued member of the team and we need your support!' its a joke. i've tried to compromise, i've got another meeting Thursday afternoon. Everyone else has 'agreed' to the changes, so he says...

bluenoseam wrote: »

depends on the wording of your contract i'd guess - if it says "your hours of employment are Sunday 8am-1pm" with no further reference to changes based on the needs of the business then no, probably not if you have been there for over a year. However if your contract states "X hours per week" i think they can change your hours to what suits them - gotta remember that you're there to assist the business, not the other way around, just because they've given you these hours so far does not mean they HAVE to continue doing so unless you're specifically contracted for them. I'd speak to someone who's a specialist in these things, but i'm gonna suggest that as a part timer on a small time contract you'll find the words "as & when required" or some other fancy way of saying "suck it up & do as you're told!" somewhere in your contract. Getting rid of you won't be "easy" if you're more than a year, but lets be fair, it's not unheard of it happening and in this day & age, your job has over 1,000 people who want it & don't mind working late Saturday nights.

yeah; thats what it says. but as i've said before, they are letting people go and not hiring replacements...

hyperfunk_d wrote: »

I def agree with the last poster.

When I worked for the biggest supermarket chain (quite some years ago now admittedly) I was scheduled to work two shifts totalling 15 hours p/w, but they then changed it to 3 shifts of 5 hours and also changed the days I worked, so I had to then work both Friday and Saturday night until 10pm (really not ideal when you are around the age of 18!), but when I questioned it they showed me that I had signed a contract to say I would work 15 hours per week when required (or words to that effect) and any overtime if needed.

These companies cover all bases when it comes to being able to screw you over - a sad but true fact.

Hope you can sort something though - good luck :-)

its a joke i know, thanks for your time

ceridwen wrote: »

Don't know the legal position here - but just wanted to wish you luck. There is a world of difference between working Sunday morning on the one hand or Saturday evening on the other hand.

I should think they would keep the "premium" too - as, after all, 10pm onwards is when people start going to bed for the night if they wish to (and they expect you to do 2 hours of "night work" then as part of this).

At your age - chances are you expect to have Saturday evening for going out socialising - and they will know that. Either way - you lose - as in you would lose the main "social" night of the week at your age/someone my age would lose a couple of hours sleep they would otherwise have had.

One question you don't seem to have asked them is "HOW LONG do I keep my premium payments for?". My suspicion is that, when they said "You will keep your premium payments", they deliberately didnt add the rest of the sentence - ie "...but only for x weeks though". I would not be at all surprised if they only intend to keep paying those premium payments for a matter of weeks or a few months at most. So - if you find you have no option but to swop hours and you decide to keep the job anyway - then get them "tied down" to a written confirmation as to those premium payments continuing indefinitely if you possibly can.

My guess overall (particularly in view of the other posters' comment) is that the firm is deliberately "shaking up the hours" of as many people as they possibly can/will try NOT to commit as to how long the premium payments will continue and their overall reason for doing this is the growing trend for shops to abolish premium payments if they possibly can. That is - they are, quite possibly, doing this to a lot of you precisely in order to have an excuse to remove premium payments from any of you.

I think the firm intends that the following will happen:
- the existing staff will refuse to put up with changed hours and resign. The firm then replaces them with new staff (and the new staff DON'T get premium payments)
OR
- as regards those existing staff that determinedly stay put - then the firm quite likely intends to find an excuse to remove premium payments when they see the chance anyway.

Either way - the firm has succeeded in stopping those premium payments.

i was wondering if there way a way around it because of the sleep issue. on saturday night im with my girlfriend, i leave at 10pm and im in bed at 11! i will actually loose sleep... i would agree with you on the hours being changed on purpose, the company has to many staff, they are being 'let off' and replacements not hired. the store manager called it 'natural wasteage' or some other stupid tesco term...

x.x.x. wrote: »

Happy Birthday for Tuesday! At the supermarket i work at, there is a clause in the contract , something along the lines of hours may be changed to suit the needs of the business.. check to see if it says anything similar in any of your contract/ paperwork

cheers aha. yeah mine says 'contractd 04.75 per week... changed within four weeks + in writing'

chubsta wrote: »

I would be very surprised to find they COULDNT do it - i work in the civil service and our shifts are having a wholesale change in April, seems to happen once a year - the start and finish times are changing, the length of the shifts, the number of days per month we have to come in, everything. It is also changing so that they can tell us befor we go home when they next want us in, so the roster we are given is pretty meaningless anyway.

The complaints are being met with - if you dont like it get a job somewhere else. The Unions say there is nothing that can be done so we just have to put up with it, as we have done every other year.

So, basically, i think you will just have to put up with it unless you can find someone else who is willing to swap the allotted shifts...

i know. i dont think i have a choice in this. thats the thing, apparently my shift 'doesn't exist anymore'. the store manager said if it was an 'extreme case' it may be fine, like 'if you fly to scotland every saturday to see your mum' or something.

liney wrote: »

Retail contracts will cover all bases in regards to hours and flexibility because that's what the company need.

The fact that your change of hours coincide with your 18th birthday does imply that your shifts may have been a little more 'cherry picked' than others, and now it's time to share the less popular shifts.

its only me left to 'move over to the change'; our store is fairly small.. the shifts hes giving are new, its to do with delivery and putting the customer first or something.

Dory68 wrote: »

Sounds like i too work for the same company,it has happened all over our store,even making day staff into night staff,which includes 10pm starts and 6.30am finish ,just seems they have to give you some sort of notice,think it was 28 days for some :mad: Guess as other posters have said its our way or the high way.

the night to day staff has happened at our store to (tesco metro). its unbelievable.

Oldernotwiser wrote: »

Actually, many young people's socialising doesn't start until midnight and anyway, you can't do a lot on a Saturday night if you have to start work at 0800!

(Nothing to do with the legal situation - just a comment.)

i want that night to be with my gf, i go to bed just after 11pm most nights! i dont go out after...

nomoneytoday wrote: »

On the flip side, think how much you will save by not going out on a saturday night?

as i said before, im with my gf that night, but good point nonetheless aha

dseventy wrote: »

You don't say how long you have worked there, but if its less than a year (probable given your age) then they can sack you for any reason (or not give you one!).

D70

i mentioned on the first post its been a year, well, 11 months and 2 weeks?


>> thank you to all the people who have replied so far. im going to speak to other managers to see if they can get me a shift on checkouts for the sunday. it hit me earlier i might be jobless and at a time i need money, it did get me seriously down. i've got a meeting with the store manager on thursday afternoon so i can give him my 'decision'

bluenoseam

mosmof wrote: »

yeah, i might as well say it; Tesco? I spoke to the new store manager today and he said (to be blunt) 'when people leave, we aren't rehiring' however before he said 'you are a valued member of the team and we need your support!' its a joke. i've tried to compromise, i've got another meeting Thursday afternoon. Everyone else has 'agreed' to the changes, so he says...


yeah; thats what it says. but as i've said before, they are letting people go and not hiring replacements...



its a joke i know, thanks for your time



i was wondering if there way a way around it because of the sleep issue. on saturday night im with my girlfriend, i leave at 10pm and im in bed at 11! i will actually loose sleep... i would agree with you on the hours being changed on purpose, the company has to many staff, they are being 'let off' and replacements not hired. the store manager called it 'natural wasteage' or some other stupid tesco term...



cheers aha. yeah mine says 'contractd 04.75 per week... changed within four weeks + in writing'



i know. i dont think i have a choice in this. thats the thing, apparently my shift 'doesn't exist anymore'. the store manager said if it was an 'extreme case' it may be fine, like 'if you fly to scotland every saturday to see your mum' or something.


its only me left to 'move over to the change'; our store is fairly small.. the shifts hes giving are new, its to do with delivery and putting the customer first or something.



the night to day staff has happened at our store to (tesco metro). its unbelievable.



i want that night to be with my gf, i go to bed just after 11pm most nights! i dont go out after...


as i said before, im with my gf that night, but good point nonetheless aha



i mentioned on the first post its been a year, well, 11 months and 2 weeks?


>> thank you to all the people who have replied so far. im going to speak to other managers to see if they can get me a shift on checkouts for the sunday. it hit me earlier i might be jobless and at a time i need money, it did get me seriously down. i've got a meeting with the store manager on thursday afternoon so i can give him my 'decision'

you do realise they can currently kick you to the kerb without reason don't you?

CFC

You just have to suck it up. They are giving you notice that your shifts will be changing, there is nothing you can do I am afraid.

ceridwen

Sorry to hear that they plan on screwing you over like that and about the lost sleep you will indeed be experiencing because of this.

"Giving your decision" on Thursday - thats a joke isnt it! Personally:

- I'd check out the USDAW website to make absolutely certain whether they could do this. USDAW is the shopworkers' union and might have some information on this (it may even be that they specifically have a section on Tesco - because I expect they have their largest membership base there).

- Quite a lot of firms now find that their disaffected employees have set up a website specifically about them. It might be worth you looking round to see if disaffected Tesco employees have done so;) (if so - keep any posts you make strictly anonymous, without any identifying details AT ALL).

- When it comes to telling the manager your "decision" (like heck its YOUR decision) then make excuses to delay confirming it in writing until the day AFTER you commenced work for them - ie 1 year, 1 day later. Then you can safely make the point in that confirmatory letter that you have been forced into this, rather than agreeing to it (ie "agreed under duress" or some such wording). It may not do any good - but I personally would sure as heck do so just to take a (safe) chance of having a go back and making it quite plain they had forced me into this.

- DO check that you have confirmation (preferably in writing) that your premium payment will continue indefinitely (to try and prevent it mysteriously vanishing once you've had those imposed new hours for a few weeks/months:cool:).

Here y'are (link to USDAW site):

http://www.usdaw.org.uk/adviceresources.aspx

EDIT: Found some unhappy Tesco workers - but couldnt find a specific website for this. What I did find is a link for Tescopoly that you might be amused to read:

http://www.tescopoly.org/

zzzLazyDaisy

i mentioned on the first post its been a year, well, 11 months and 2 weeks?

[/QUOTE]


As you have less than 12 months' service your employment can be terminated for any reason, or no reason at all (provided it does not amount to unlawful discrimination). You need 12 months service for protection under the law - 11months and 2 weeks is not enough.

In any event, to answer your question - yes they can change your hours in this way. As others have said, it is almost certain that the contract provides for this (in my experience all the major chains have a flexibility clause). Even without the clause, in practical terms they can still change your hours and you would then be left with the choice of continuing to work (thereby accepting the change) or leaving.

bajangal

As you have less than 12 months service, you don't have a leg to stand on - they can do what they like with you.
If you want to discuss this with "hardened" Tesco employees and union reps, then this site is very good.
www.verylittlehelps.com