Retail Sunday Opt Out

[Deleted User]

I work for a national retailer and I mostly work 5 days out of 7 between Monday-Saturday (some weeks my contracted hours are condensed into 4 days but that's neither here nor there).

My contract has my work days stated as Tuesday-Saturday therefore I'm not contracted to Sundays. I haven't worked a Sunday for nearly 3 years until recently where I have been required to work 3 Sundays in the last 2 months, mainly due to staff leaving and not being replaced.

As this is getting in the way of my other Sunday commitments I have put a letter in with 3 months notice to opt out of Sunday working. Now my line manager is saying they can cut my hours as they are not obliged to give me them.

Is this correct? I can understand and would totally agree with it if I was contracted to Sundays and had worked them regularly, but as I'm not contracted to Sundays and hadn't worked one for nearly 3 years until last month I find this a tad unfair.

It sounds as if they are saying it to be awkward back at me for putting the letter in. It's not even like they will give those hours to anyone else as there is a freeze on recruitment and overtime is very rare even though we are short staffed due to leavers.

I'm no longer in a Union so can't ask them for advice.

Undervalued

Does your contract guarantee you a minimum number of hours per week? Or, sadly, like of lot of retail contracts it is actually zero hour?

If it is the latter then yes they can reduce your hours or even not give you any at all.

Although you have a right to opt out of Sundays, they can still offer you an incentive to work perhaps by reducing anything else that they are not contractually obliged to give.

You need to be very clear exactly what your contract says.

[Deleted User]

Undervalued wrote: »

Does your contract guarantee you a minimum number of hours per week? Or, sadly, like of lot of retail contracts it is actually zero hour?

If it is the latter then yes they can reduce your hours or even not give you any at all.

Although you have a right to opt out of Sundays, they can still offer you an incentive to work perhaps by reducing anything else that they are not contractually obliged to give.

You need to be very clear exactly what your contract says.

My contract states how many hours my contract is for and actually states my original shifts when I started there too which were Tues, Wed, Thurs, Fri, Sat.

I've worked there for 6 years and for most part of that I have worked Tues-Sat and only in the last 2 years did I start working Mon with a different day off in the week.

I haven't worked a Sunday for nearly 3 years until the last 2 months, even before then it was rarely and usually as overtime.

Savvy_Sue

I think where you missed a trick was giving notice to opt out of Sunday working, rather than making a request to return to your original contracted hours / days, or even refusing to work Sunday shifts.

Can you sit down with your line manager and negotiate?

[Deleted User]

Savvy_Sue wrote: »

I think where you missed a trick was giving notice to opt out of Sunday working, rather than making a request to return to your original contracted hours / days, or even refusing to work Sunday shifts.

Can you sit down with your line manager and negotiate?

I haven't had a proper conversation over it yet with the line manager, it was just a passing comment he made today about it.

Just want to be ready for when I do.

Takeaway_Addict

Deleted_User wrote: »

My contract states how many hours my contract is for and actually states my original shifts when I started there too which were Tues, Wed, Thurs, Fri, Sat.

I've worked there for 6 years and for most part of that I have worked Tues-Sat and only in the last 2 years did I start working Mon with a different day off in the week.

I haven't worked a Sunday for nearly 3 years until the last 2 months, even before then it was rarely and usually as overtime.

Do you work more hours now than your contracted hours each week? If so then yes expect those hours to be lost.

[Deleted User]

No I only work my contract amount of hours.

Savvy_Sue

I suppose it's too much to hope that you're in a union? Your line manager is correct insofar that if you had been employed to work on Sundays then opting out could result in your hours being cut, but I am not sure what the position is if your contracted hours did not include Sundays and you were being rota-ed to work some regardless. I'd expect a union rep to clarify that quite quickly.

I'd prepare for a meeting with your lm. I might start by apologising if your optout has caused difficulty or concern, but point out that you were not employed to work on Sundays. You have been flexible in the last few months but do not wish this to become regular, and you mistakenly thought that an optout was the way to go.

If you are willing to do, say, one Sunday a month, then I'd say that too.

If you can suggest any solutions to the current staffing crisis, then go ahead. For example if you know Fred in your department is very happy to work Sundays if he could have Tuesdays off, and you're very happy to work Tuesdays but have not always been put down for them, that may be a way forward.

It's always good to present solutions rather than problems ...

stuart30

Sounds like you didn't need to give the 3 months notice to quit sundays..unless you was contracted to work them,from your post it reads they were optional as overtime.

Just out of interest are you a Blue or Maroon Uniform..?

[Deleted User]

I'm going to request a meeting with someone from HR about it all as it sounds to me that the line manager is suggesting to treat me unfairly and even going as far as possible constructive dismissal.

Oh and it's neither blue, maroon, or American

Savvy_Sue

Deleted_User wrote: »

I'm going to request a meeting with someone from HR about it all as it sounds to me that the line manager is suggesting to treat me unfairly and even going as far as possible constructive dismissal.

Have you talked to your lm yet? I'd really recommend starting there, if they've gone away and thought about it and realised you were never contracted to work Sundays, then escalating to HR may not be the best option. Even if they haven't yet realised, if you do a bit of research as suggested and are able to present solutions you'll come across in a far better light!

And constructive dismissal is not going to be an easy option, or a pleasant one, or even a cheap one! If you want to look elsewhere, great, do that.