Help with contract change

[redwon]

I work in a major supermarket Monday to Friday 6 hours per day. I have worked there for nearly 30 years. Today I was called into the office and was TOLD that I must now work every Sunday from the 20th July. I informed them that I opted out of Sundays in the late 80s when the new laws regarding Sunday trading came in . I was then TOLD that if I did not work Sunday then my hours would be cut by 6 hours.

I assumed that when I opted out that this sort of thing would not happen and was protected by the law .

Was I wrong ?

There was no consultation and I feel that 3 weeks is not much notice for such a big change.

Thanks in advance.

[fkofilee]

Goodness gracious no... You have to have a longer period for consultation.

However, Youll need to take it up with HR...

[redwon]

Thanks for the reply. HR do not want to know they just follow orders so that's a no go.

[Bazooka Boo]

Oh dear, sounds like they want some free publicity if you ask me...

 

ASDA by any chance?

 

Are you a member of any trade union?

[redwon]

No Morrisons , what's the free publicity ?

[redwon]

Yes I am in the Union for what its worth. The Union rep was heard in the canteen saying its a good thing and if they don't like it leave !!

[Bazooka Boo]

what's the free publicity ?

Press and the media.

 

So he's basically blackmailing you to work Sundays or he'll cut your hours?

Sounds a delightful chap, no wonder retail has such a bad rep.

[SabreSheep]

Sounds like to me some manager has misread the legislation.]

 

It is true that that if you are working a sunday THEN choose to opt out they are not obliged to to REPLACE the hours to other times of the week

 

HOWEVER to peanalise you for refusing to opt IN to sundays after opting out speaks of Victimisation

 

I would be going to see HR and refusing to change or even discuss the change unless they put it in writing that you will have your hours CUT if you refuse to do so.

 

See how that ball bounces

 

AS for your union rep, I would now be asking for the contact of his Area Organiser

[Atlas01]

read this https://www.gov.uk/sunday-working

read it again

then read it again

then read it again and do your damned hardest to pick a hole in your position from your employers side, spin it, cheat, try all sort of spurious arguments you think they might try

 

If it's still watertight print it off and hand it to them (sooner rather than later)

If not come back for more advice.

 

Expect them to either

 

a) huff puff and do nothing to change your terms

b) tell you tough

c) come back with a counter argument (may be valid or rhubarb)

 

Your at the start of a game, a game played with your personal life but still a game.

 

The more you know about your rights and the rules of this game the more chance you have of saying "sorry but no thanks"

 

(Note to other forum denziens - it can't be as easy in the link to say no as i'm seeing can it?)

[redwon]

Thanks for all the replies its really worrying me at the moment as I cant afford to lose those hours

[becky2585]

Your employer is really on a sticky wicket here.

 

You can actually bring a Tribunal claim for a detriment suffered as a result of asserting your right to opt out of Sunday working. Reducing your hours would be a clear detriment IMO.

 

I'd get a formal grievance in ASAP and make it very clear that you are asserting your statutory rights.

[redwon]

Thanks Becky it looks like the way t go I am dreading going into work in the morning

[ericsbrother]

I concur with the advice on seeking help from Regional Officer. They will have access to resources that lay reps dont and their contacts book will probably see this one off for a few years without a formal meeting. You can phone head office and ask for contact details.

I also agree with going down the grievance route, Your employer has so many layers of management that each doesnt know what the ones above or below are doing and saying so this will make them all have to talk to each other.

[mariefab]

If you think it would help; print off and show them the relevant legislation below...

 

http://www.legislation.gov.uk/ukpga/1996/18/part/IV

 

...and highlight the part in 42(4) that states...

 

you have the right to complain to an employment tribunal if, because of your refusal to work on Sundays on which the shop is open, your employer— dismisses you, or does something else detrimental to you,

[redwon]

Well having shown them that they cannot take a days pay off me because I opted out of Sundays they now say I have to work Saturday and will force me to if necessary. I have a contract Monday to Friday for the last 25 years , it seem they just want to push me out now and there is not a lot I can do . Any ideas ? Thanks so far for the advice.

[Emmzzi]

Saturdays are not protected in the same way. So, job change time.

[Bazooka Boo]

I have a contract Monday to Friday for the last 25 years , it seem they just want to push me out now and there is not a lot I can do . Any ideas ? Thanks so far for the advice.

 

Hmm employment tribunal??

 

Excellent proof that your loyalty doesn't mean diddly!

 

I'd be making as much noise as possible about this, it is categorically unfair, if not unlawful, so whilst

exhausting their complaints procedure and jumping through all the hoops they put in your way, I would be talking

to my local MP, and tipping off the press about the unethical way your employer is treating you.

 

Why don't you inform the CEO?

[Emmzzi]

Hmm employment tribunal??

 

Excellent proof that your loyalty doesn't mean diddly!

 

I'd be making as much noise as possible about this, it is categorically unfair, if not unlawful, so whilst

exhausting their complaints procedure and jumping through all the hoops they put in your way, I would be talking

to my local MP, and tipping off the press about the unethical way your employer is treating you.

 

Why don't you inform the CEO?

 

I can see the headline now.

 

"Person in retail asked to work busiest sales day of the week."

 

Zero milage with press or MP; don't waste their time. Not unlawful at all.

[Bazooka Boo]

I can see the headline now.

 

"Person in retail asked to work busiest sales day of the week."

 

Zero milage with press or MP; don't waste their time. Not unlawful at all.

 

Which is probably why your employee of the year?.

 

The contract you have, unless they're demanding you sign a new one, with a gun to your head, will IMO trump everything.

 

What is apparent is that they have demanded you work Sundays, failure to do so will render you to punishment by reducing your hours, (Blackmail).

 

Then when they realise that they are likely to get exposed for this, they change tack and state you MUST work another day instead?

The next thing you know they'll be putting you on the slave labour heap and demand you work a zero hours contract.

 

IMO if you don't stand your ground now and expose them for the bullies they are, then they are going to walk all over you, and pull your strings as and when it suits them.

 

Media and your local MP (who is paid by you to sort out this sort of thing) is one avenue I would be looking at.

[Emmzzi]

Well before you start your online petition, let's ask

 

- what does the contract say about varying hours

- what does the union say

- is OP prepared to accept the consequences of refusing the change?

[Atlas01]

http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

 

A better guide on how to deal with contractual change and the rights and pitfalls if you say no.

 

I'm not against people going to the media or MP but in my experience they won't give a dam and it is beyond pointless.

[SabreSheep]

Is the change reasonable?

 

If you have caring commitments on the Saturday , etc or being asked to work a night instead of a day then you can argue that it is unreasonable.

 

I would now be asking the HR in writing for a copy of the company policy for moving peoples hours around the business. Being a supermarket they will have a formal policy that they have to follow.

 

Then when you digest that you can see what position you are in for resisting the change and or following the grievance procedure.

 

Whatever you do, do not even "work Saturday" under protest as this would be seen as accepting the change.

[ericsbrother]

I would say stick to your guns, the company has a massive recruitmant and retention problem in most areas so I doubt they want to lose a loyal member of staff. The change is about trying to plug gaps in their existing workload so they dont want to be interviewing and recruiting new people. As siad before, your store has many layers of management so make sure that the top person is the one making the decision, even if it is the wrong one as you wont have to go through this all over again next month. In store HR can be quite good and will often make good the problens caused by the lower tier management.