Resignation Demand by Tesco

Craighoy

OK - update - and thanks for the responses so far

First - she is in the Union - but not sure how effective this is.

Second - she only agreed to move when she got the offer of the new reduced hours. This offer was then rescinded by Tesco. I am therefore struggling to understand why she could be dismissed or disciplinary action taken. He previous manager had filled her hours already assuming she was going - there was no option to go back. But the new manager lost the hours so she has nowhere to go to. Not her fault - she is in limbo. Can you be disciplined for this? - and why should you resign? - because that is a one way street out!

Third - the rationale for the cutting of the hours and hence the transfer is that the store is over its permitted hour allowance in every department and apparently a team from HQ are coming in to assess why. Things may change after that and with Christmas coming.

Finally - some potentially good news - she has been contacted by the manager of Customer Services (whom she worked with previously and he has offered ad-hoc overtime on demand.

I am still encouraging her to take it up with the Union as I think its a real complain - even though the company may have the right to stop hours as and when I think that the have a responsibility of 'consideration' to their employees

ohreally

spadoosh wrote: »

There is nothing a union can do about this.

Let you and I agree to disagree on this, an experienced steward/ officer may have other ideas on going forward.

spadoosh

ohreally wrote: »

Let you and I agree to disagree on this, an experienced steward/ officer may have other ideas on going forward.

Im assuming youve PM'd the OP so you can elaborate on the other things you cant disclose on a public forum then?


Nothing has happened so theres still no need for a union. If they try and discipline her for asking to change her hours then get a union involved. If they sack her without reason, get a union involved. If they sack her because theyve offered her hours shes agreed she could work but can no longer work then theres no need for a union as it would be a warranted dismissal.

Sounds like the left hand doesnt know what the right hands doing. Ultimately tesco have to offer your daugher 22.5 hours in the times allotted within the contract, your daughter has to work them, anything less than this and there will be a breach of contract and potential consequences.

Craighoy

spadoosh wrote: »

Im assuming youve PM'd the OP so you can elaborate on the other things you cant disclose on a public forum then?


Nothing has happened so theres still no need for a union. If they try and discipline her for asking to change her hours then get a union involved. If they sack her without reason, get a union involved. If they sack her because theyve offered her hours shes agreed she could work but can no longer work then theres no need for a union as it would be a warranted dismissal.

Sounds like the left hand doesnt know what the right hands doing. Ultimately tesco have to offer your daugher 22.5 hours in the times allotted within the contract, your daughter has to work them, anything less than this and there will be a breach of contract and potential consequences.

This is right - her contract stares 22.5 hours - but the department where she was had already filled them with someone else - so even if she could go back the hours are no longer there.

That department also agreed her transfer to the new one, an offer she verbally accepted. But the senior store management clamped down on hours and stopped the this transfer happening (amongst other things) - so the manager of the destination department (who still wants her) was not allowed to take her. And this was less than 24 hours before her final shift and 2 days the first in the new department - three weeks after it had all been verbally agreed.

Diamandis

She is entitled to ask for the role and hours she was originally doing back if she's not resigned as that is the contract she has with Tesco. If this isn't suitable for her then she needs to resign.

BookmobileBadGirl

Craighoy wrote: »

Hi
...for my daughter. She has had a part time job at Tesco for the last 8 years since her pre-university days...

I will leave others to comment on the rights and wrongs in this situation

But

This may be the push she needs to move on and get a better job that suits her more, she has been to university yet works part time selling phone contracts in Tesco.

Lorian

"Usdaw Representatives. Usdaw Reps play an important role in both Tesco and Usdaw, helping to identify and deal with concerns when they arise, communicating information between colleagues and managers, representing the views and interests of colleagues, and championing our mutual values."


If I was her I'd find mine for a chat.

Genuineguy03

They can not force her to resign.

Under contract tesco are obligated to provide her a "minimum" off 22.5 hours. Which department she's contracted to work in is irrelevant as tesco is the employer, unless the employer is tesco mobile - which I not sure if its a separate company, therefore separate legal entity to tesco (a tesco owned company albeit), or just a brand and therefore tesco being the employer.

In event tesco is the employer, then they have to under contract provide 22.5hrs, if they can not they must still pay her, otherwise they are in breach of contract not the OPs daughter.

If its tesco mobile, and if they a separate legal entity. Then we need to know if she gave them notice as per her contract. If not then they too would be obliged to provide her with her contracted hours, or pay her if they can not give her 22.5hrs work.

Eitherway I suspect the manager that demanded her resignation knows they can't dismiss her, since they, tesco, put her in this position by rescinding the offer with unreasonable notice. And that he/she knows they have to give her the contracted hours or pay her for them if they can't. Hence the demand for resignation, as it gets them out of the mess they got themselves in.

I'm airing on the side that tesco is the employer and not tesco mobile. But it be helpful ifif you could clarify that for us.

I certainly wouldn't resign if the other job is only a temporary 3 month position, as she could find herself with no job after the 3 months is up. But off course the decision is hers to make.

If the employer is tesco, I'd be incline to contact their HR department as the situation is unacceptable.

agrinnall

Genuineguy03 wrote: »

They can not force her to resign.

No they can't. But they can, and will, sack her when they give her the 22.5 hours and she's unable to turn up to work them because she's working at her other job.

stator

Ask for a transfer to another store, they're flippin everywhere