Resignation Demand by Tesco

Craighoy

Hi
Looking for some more advice - for my daughter. She has had a part time job at Tesco for the last 8 years since her pre-university days. She has worked in many departments helping out hwere she can - including Check out, Customer Services, Christmas Orders, Opticians and most recently the Mobile Phone shop. He contracted hours were 22.5 per week and its not enough. The hours she had were also pretty poor - afternoon/evenings and weekend. She asked for more but was told no.
As such she found another 3 month job elsewhere providing more hours working Monday to Friday - but there was an overlap with the existing hours. She looked to get these changed and the only offer in the Mobile Phone shop was all day Saturday and Sunday. Working 7 days per week isn't good for anybody so she looked for a department transfer.
She agreed verbally to go back to check outs - only for 5 hours per week (plus overtime if required) - and the paperwork was being drawn up (and was seen by someone). But - less that 24 hours before her final shift in the Mobile Phone shop she got a text from the Check Out manager saying that something had changed at store management level and she couldn't take her now. No additional hours where being allowed anywhere in the store.
She when back and there was no option to get any hours in the mobile phone store - and the manager of the department told her that he wanted a resignation letter from her - meaning she would have to leave Tesco completely.
She doesn't want to resign as she doesn't want to leave the company but feels she is being pressured into doing this. She has until the end of this week to deliver it. She had an agreement to work in a different department - but this was verbal and seems to have been rescinded. The Check out manager does want her but is not allowed to take her (or anyone)
Can anybody advise what her legal situation is and recourse she has ? As above - ultimately right now she wants to keep working there as the other job finishes in February

spadoosh

Im guessing they cant accommodate her new hours on the mobile department?

You should find in her contract that the employer dictates the hours worked. If your daughter cant work the hours they need, shell need to resign. She coudl try not resigning but i suspect upon the first failure to show up they will start disciplinary proceedings leading to dismissal.

System

Demand that Tesco make her redundant. The shoe is on the other foot then! I'm sure this will focus their mind a little more.

spadoosh

andydownes123 wrote: »

Demand that Tesco make her redundant. The shoe is on the other foot then! I'm sure this will focus their mind a little more.

Cant really ask for redundancy when its you wanting to change the contractual arrangements. Well you can ask, youll be laughed at though.

ohreally

spadoosh wrote: »

Cant really ask for redundancy when its you wanting to change the contractual arrangements. Well you can ask, youll be laughed at though.

The employer has knocked that into touch therefore the status quo should prevail.

Op, after 8 years I hope she's joined a union long ago.

spadoosh

ohreally wrote: »

The employer has knocked that into touch therefore the status quo should prevail.

Op, after 8 years I hope she's joined a union long ago.

Whats a union going to do?

She wants to change her hours to fit in the other job. It seems tesco have given her options that are working two days (Weekends) or the existing arrangement which will conflict with her new job.

No union is going to fight for an employees rights to work the hours they want and not the hours the business needs.

steampowered

There is no benefit to her in resigning, unless she wants to leave.

I would refuse to resign. If the manager wants to dismiss her, the manager should follow the proper process for doing that.

Though of course Tesco would be permitted to give her hours in line with her contract.

ohreally

spadoosh wrote: »

Whats a union going to do

Lots to be done, firstly I'd establish if there was an agenda behind rescinding the original offer, as for other things I wouldn't disclose on a public form but there are options to apply if management were being obstructive.

spadoosh

ohreally wrote: »

Lots to be done, firstly I'd establish if there was an agenda behind rescinding the original offer, as for other things I wouldn't disclose on a public form but there are options to apply if management were being obstructive.

The OPs daughter wants to change her contracted hours. It doesnt not suit the business requirement so has been refused. There is nothing a union can do about this.

Diamandis

Of course there is benefit in resigning if you're no longer going to be able to do the job. Sure she could wait to get fired but this would affect the references they provide for her and many applications ask if you've ever been dismissed from an employer so it could make finding work in future difficult. If she can't work the hours she needs to work why is she so reluctant to resign?

agrinnall

If she doesn't do the hours that she is contracted to at Tesco because she is working at her new job then she will be sacked for non-attendance. That will then be on any reference from Tesco in the future. I would suggest that she agrees to resign for a good (or at least non-committal) reference, then ask her new employer for more hours there.