Please help! Asda employee

KiKi

You asked for your rights.

Here they are: very few.

You have worked there less than a year; they can therefore dismiss you (with correct notice) for any reason they like, as long as it's not a discriminatory one (discrimination as described by law, not perceived by you).

You have no right to change your shifts just because you want to, or just to suit you. It doesn't matter that you told them about uni in September, things change in business all the time.

If they can change a shift for you, then you're lucky and you should be grateful for an employer who will accommodate your needs in this way.

If they can't change your shifts for you, then it's tough, I'm afraid.

Sorry, I know you didn't want to hear that, but that's how it is.

KiKi

p.s. And as someone else has pointed out, if your username is your real name, then change it ASAP. You're revealing your name, employer and university. Not a good move - especially if someone from Asda spots it and decides that you're speaking badly about the company.

SHIPSHAPE

KiKi wrote: »

You asked for your rights.

Here they are: very few.

You have worked there less than a year; they can therefore dismiss you (with correct notice) for any reason they like, as long as it's not a discriminatory one (discrimination as described by law, not perceived by you).

You have no right to change your shifts just because you want to, or just to suit you. It doesn't matter that you told them about uni in September, things change in business all the time.

If they can change a shift for you, then you're lucky and you should be grateful for an employer who will accommodate your needs in this way.

If they can't change your shifts for you, then it's tough, I'm afraid.

Sorry, I know you didn't want to hear that, but that's how it is.

KiKi

Depending on what the posters age is, young I'd guess being at uni, then a lot of what you have stated above could be a load of old cobblers.

There are special provisions for young people and shifts, for example.

And I take it you are familiar with ASDA contracts of employment?

If not, then how do you determine your points above?

liney

The only special provisions for young people are for those that are under 18. The fact that they are working the night shift, and are at University in the UK mean they must be at least 18 years old, so any additional employment rights for young workers will not apply.

Ultimately you can no longer fulfil your contracted hours, so you need to make a formal request to change your hours which the business will consider and let you know the outcome. The other worker is not obliged to change shifts with you and as a non manager, you would need to have the change authorised formally anyway.

Also, I'd stop asking the other worker; you could end up with a claim of harrassment against you if the other worker feels you are pressuring them.

SHIPSHAPE

liney wrote: »

The only special provisions for young people are for those that are under 18. The fact that they are working the night shift, and are at University in the UK mean they must be at least 18 years old, so any additional employment rights for young workers will not apply.

Incorrect I'm afraid.

My nephew is still 17 but at uni and he also works part time at...ASDA.

Indeed, there is actually no lower age limit for uni.

My first post asked the OP for their age to be able to give a considered response, I don't deal in speculation to give answers.

claire16c

SHIPSHAPE wrote: »

Incorrect I'm afraid.

My nephew is still 17 but at uni and he also works part time at...ASDA.

Indeed, there is actually no lower age limit for uni.

My first post asked the OP for their age to be able to give a considered response, I don't deal in speculation to give answers.

Is he Scottish? Because you turn 18 in Year 13 in England and Wales.


Anyway...OP I think you should do what some of the other posters have said and formally send a letter asking for a change of hours and see what happens.

I used to work at a supermarket and I wanted to change my hours when I went into year 13 because they were too many for me to do whilst studying. The line managers were totally useless - for some reason getting a form from the personnel office and taking 5 minutes to fill it out dragged on for weeks, and they still did nothing.

So in the end I went to the store manager and complained and he did it for me - well he told my line manager to do it and magically within a week it was all sorted.. So you could always go higher. I didnt really care about annoying managers who were already annoying me. Changing my hours was more important.

Or, look for another job.



p.s its WHETHER

ViolaLass

claire16c wrote: »

Is he Scottish? Because you turn 18 in Year 13 in England and Wales.

Some people get a year ahead at school. It's rare but not impossible.

SarEl

Oh for goodness sake. If we want to be utterly pedantic - more angels dancing on pinheads - the OP said they were going back to university, which unless they happen to be a child prodigy, means they are over 18. Going back suggests that they have been there before. So have completed at least one year of higher education.

Not one bit of which matters. They have their agreed shifts. Those are the shifts they work as a minimum. If the employer is willing to accommodate a change, then fine. But there is nothing at all in law that says that they have to. So then the OP does their contracted hours or they don't - in which case they have no job. If they had worked there 20 years it would still be the same - you work your hours or you have no job. The very limited circumstances in which you may ask for flexible working/ changes in working patterns do not apply to the OP.

And some people think I don't live in the real world.

Just because people claim to give consdiered responses does not mean that they are well considered.

liney

SHIPSHAPE wrote: »

Incorrect I'm afraid.

My nephew is still 17 but at uni and he also works part time at...ASDA.

Indeed, there is actually no lower age limit for uni.

My first post asked the OP for their age to be able to give a considered response, I don't deal in speculation to give answers.

Does he work a night shift for which you need to be legally 18 years old too? The Op only mentioned working nights 5 times in the opening post...

SHIPSHAPE

liney wrote: »

Does he work a night shift for which you need to be legally 18 years old too? The Op only mentioned working nights 5 times in the opening post...

As stated in my first post I find the OP's initial post somewhat confusing, I'd like it a bit clearer rather than how it has been presented so that they can clarify certain things.

Not least their age.

Also, I have met several people who believe they work nights and call it that but it would be more approriate to call it evening as most of the hours worked are before 10pm, 11pm or midnight etc.

Not all shifts are a rigid 2-10, 6-2, 10-6pm.

It is what the law defines as a night shift, not the individual.

This then may bring into play a whole host of laws and regulations regarding working time and rest.

Don't forget, the OP has stated they are 'told' to work extra shifts.

And it is not uncommon for workers at ASDA to swap shifts, indeed, my nephews contract allows this and it is then binding on those who have swapped.

Did 'worker1' renege on this, as it appears?

As I have previously stated I would prefer for clarification before committing to anything.

Some previous posts from members have been rather spiteful I feel to someone who is a new member.

And quite possibly wrong with the advice.

tori.k

SHIPSHAPE wrote: »

As stated in my first post I find the OP's initial post somewhat confusing, I'd like it a bit clearer rather than how it has been presented so that they can clarify certain things.

Not least their age.

Also, I have met several people who believe they work nights and call it that but it would be more approriate to call it evening as most of the hours worked are before 10pm, 11pm or midnight etc..

With Asda you have to be 18+ to work a twilight/nightshift