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Contracted Hours Not Being Honoured

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  • Contracted Hours Not Being Honoured

    I work for one of the big supermarkets fulll time as a driver. Going forward I can see a downturn in orders because of the economy. Where do I stand in getting my contratced hours as at times now I have to ask for additional hours to be scheduled. Happy to be redeployed. Can they make me take holiday instead of pay? What happens when I run out of holiday? Are they obliged to pay me in leiu? Short working? Contratced edited below!!




    Congratulations on your new role!

    First things first, welcome to

    I'm delighted to have you on board. Here’s your written confirmation that we're offering you the position of Online Assistant (Driver) in United Kingdom>, reporting to

    This is a really exciting time to be joining the team, as we create a new way to shop. Across the Group we’re working together to build a brilliant
    that changes and evolves to meet the needs of our customers, so that we are there for them whenever and wherever they want to shop with us, with great products and services at fair prices that they love.

    Every one of our colleagues is passionate about doing the right thing for our customers, and so in your new role you’ll be trusted to make your own decisions on how to deliver a great and personalised service, and help us be the best team in Retail. It’ll be fast paced, exciting, and you’ll learn a lot. You’ll also get lots of support from your teammates, be encouraged to be yourself, and have the most fun while you’re at it!

    Before you can start, you need to read and e-sign the attached contract by at 1:44:24 PM BST. Please go through it carefully, alongside the relevant policies and any other information that may be included. All of this detail sets out our commitments to you and our expectations of you in return.

    I've also attached some details of the benefits you'll be entitled to when you join us. As you can see, only the best join our winning team and, in return, we’re committed to rewarding you with great pay and benefits. Being somewhere people love to work isn’t just words – it’s part of the vision, and really important to us.


    Nothing spoils the excitement of a new role like not getting paid on time! So to make sure we have all the details we need to pay you correctly, once you have e-signed your contract, we'll give you a number of 'on-boarding' tasks to get you up and running in your new role. It's important that these are completed on the same day that you e-sign your contract so that we have all of the details required to pay you correctly.


    Health Questionnaire
    Having a diverse range of colleagues and being an inclusive organisation is really important to us as we want to be a place where everyone can fulfil their potential. That includes supporting colleagues with impairments, long-term health conditions and disability. We're committed to offering workplace adjustments to help remove barriers that prevent colleagues from being the best they can be, alongside other support.

    Before you start, we'll ask you to complete a health questionnaire. Please note that this offer is subject to meeting some medical requirements, so it's important that you disclose any issues you may face here. If you mention anything that requires a medical examination, then we'll of course discuss this with you, and pay for it.


    Online Assistant – Driver
    Your new role is an Online Assistant, with the main part of your role being as a Driver (this is known as your "primary skill" and you’ll receive a market payment to reflect this extra responsibility). As your new role as an Online Assistant involves driving, we need to complete a Basic Disclosure Check to make sure that you don’t have a current criminal conviction. The Basic Disclosure Check will be emailed to you by an external company, Experian. Please follow the instructions to complete and upload/post the required documents. It’s really important that you complete this as you can’t start without it.

    Please also ensure you have your driving licence with you on your first day, so we can take a copy for our records.

    Your first day!
    On 11 September, 2021 please report to for your 'Welcome to' meeting. When you get to the store, let one of our colleagues know that you are here for your induction and they can help point you in the right direction. You'll need to arrive by 10:00am please, so that there's time for you to sign in.





    Right to work in the UK
    On your first day it's really important that you bring the appropriate documents to confirm you have the right to work in the UK. This is a legal requirement so without these documents you won't be able to start your induction. They need to be originals, not photocopies.

    For full details on what you can use as proof please visit: https://www.gov.uk/government/public...work-checklist

    If you have a P45 please also bring this on your first day.




    Proof of Address
    As your new role as an Online Assistant involves driving, we need to complete a Basic Disclosure Check (DBS Check) to make sure you don't have a current unspent criminal conviction (as detailed in the Rehabilitation of Offenders Act 1974).  In order to complete this check, we need to take a copy of your proof of address on your first day with us, so please remember to bring one of the following to your induction:

    - Valid UK driving license
    - Utility bill (dated within the last 3 months) - Bank statement (dated within the last 3 months)



    Once you've finished your 'Welcome to Sainsbury's', it'll be time for you to hit the shop floor!

    That's it for now, but any questions please do let me know. And congratulations again! It's great to have you on the team.


    Best wishes,

    Head of Recruitment and People Analytics





    Permanent Contract of Employment between:

    £££££££££ Supermarkets Limited ("the Company") and

    Mr. ££££££££ ("You")


    We've outlined the terms and conditions of your employment below.

    A couple of things to mention: where we talk about ££££££, we're referring to our Company intranet, which contains lots of important information and also news and features from across the Group. Take a look when you can - you'll find detailed policy documents, scheme rules and more information on colleague benefits. The details change occasionally so check in regularly for updates.

    You’ll also see references to "", our system that holds all personal and contractual information.


    Appointment
    Your role is Online Assistant, Band 2. Although your role is primarily within Retail>Zone Central> - Online, we all work flexibly to make sure we're there for our customers when and where they need us, so there'll be times where we need you to work in other areas of the store. We'll make sure you have the skills and knowledge to do a great job wherever you are.


    Date of Employment

    Your employment will start on ££££££ with your continuous employment beginning on £££££££.




    Location
    You’ll be based at United Kingdom>. To create a brilliant ££££££, though, we need to be operationally sharp, to work flexibly, efficiently and where we're needed the most. So in exceptional circumstances, we might ask you to work in another store to help deliver a great service to our customers. We would always discuss it with you, and would take into account your personal circumstances. There will also be times when we need you to attend training that supports you to be the best you can be; this could be in your own store or at another location.

    We'll make sure your expenses are paid in line with our Business Travel and Expenses policy, available on £££££££££.


    Performance Expectations

    Great performance is about doing what you say you’ll do and improving things for customers. We expect all of our colleagues to deliver great service and complete their responsibilities to the required level; this will mean working efficiently, using technology and working together in line with our valued behaviours (you can find out more about these on £££££££££).




    As well as everyday support and guidance from your line manager, throughout the year there will be more formal opportunities to discuss your performance, career ambitions and any development opportunities to help you be your best and achieve your personal goals.







    Base Pay
    We recognise the great work our teams do with great pay. We expect the best, and that's why we pay everyone fairly by rewarding you with great pay.

    Your hourly rate will be £9.50 per hour. You'll be paid every four weeks (we call this “a period”), normally on a Friday, directly into your bank or building society account. Remember that your pay is subject to tax, national insurance and other deductions – you can find out more by checking the relevant policies on ££££££.

    Please refer to ££££££££ for further information on premiums that you may be eligible to receive.


    Market Payment
    Based on market comparisons some activities in store receive a market payment which is an additional payment on top of the hourly base rate. Your primary contracted skill has a market payment attached and you'll receive a market payment of £0.75 per hour. If circumstances change and you no longer complete this as your primary contracted skill, then your market payment will be removed.


    Unsocial Hours
    If you work between the hours of 12am and 5am you will receive an unsocial hours premium of £2.45 per hour (while your base pay doesn’t include breaks, the unsocial hours premium will be paid for all hours you're at work during this time).




    Licence Checks
    In your role as an Online Assistant, with the main part of your role as being a Driver, it's a condition of your employment that you hold a full UK driving licence with no more than six penalty points and have at least one years' driving experience. On your first day, you need to please provide us with your licence to photocopy and keep on your record.

    You must also provide your licence to us every six months so that we can update the copy held on your file, and immediately notify the Customer and Trading Manager; Online if you receive any penalty points on your licence.

    If you accrue more than six penalty points then you will lose your job, so be careful to always drive safely and legally when you're not at work too.


    Basic Disclosure Checks
    As your new role as an Online Assistant involves driving, we need to complete a Basic Disclosure Check (DBS Check) to make sure you don't have a current unspent criminal conviction (as detailed in the Rehabilitation of Offenders Act 1974). If you don't provide the information requested or if the results don’t match information that you've previously provided, then you may lose your job with us.

    Following these initial pre-employment checks, you'll need to complete a declaration every six months confirming if you have been convicted of any criminal offences that would impact your ability to fulfil your contractual duties. If you are convicted of a criminal offence during your time in this role, then we may decide that your actions have been incompatible with our expectations of our colleagues and we may take disciplinary action.


    Hours of Work
    Your paid contracted hours are 36 hours a week.

    To make sure we're there for our customers whenever and wherever they need us, we'll ask you to update an 'availability matrix', which shows your core scheduled hours and also additional time that you can be available if needed. You'll need to please provide 50% of whatever your core hours are as 'additional hours' (so if you work 8 hours for example, you'd need to list a further 4 hours as potentially available) and they need to be within the operation hours of online driving (so not the middle of the night!).
    We will normally make any changes to your schedule within your availability matrix 3 weeks in advance and you'll have the opportunity to decline this up to 2 weeks before the schedule is due to be worked. After that we'll expect you to carry out your amended schedule. If amendments made to your schedule mean a change to your break entitlement, this will be reflected in your revised schedule.
    Your scheduled hours include any breaks that you are entitled to receive each day. These breaks are unpaid and detailed below:




    Typically if your shift is over 7 hours and includes the hours 12pm to 2pm then you may have a lunch break. If you get a lunch break, it's unpaid and lasts either 30 minutes or one hour, as agreed by your line manager.

    It's really important that we change and evolve to meet the needs of our customers, being there for them whenever and wherever they want to shop with us. There may therefore be times when we ask you to change the days and times that you work depending on the needs of the business. Should this be the case your line manager will discuss and agree this with you.

    We know that colleagues need us to be flexible too so you'll be able to apply for overtime and to swap shifts online. To find out more about opportunities to work additional hours, please speak to your line manager.





    Your Employer
    Your employer is £££££££££ (referred to as "the Company"). Being there for our customers may mean that from time to time you may be required to lend a hand to another Group Company. This is part of being a winning team. We would always discuss it with you and would take into account your personal circumstances.


    Company Benefits

    Being a great place to work is part of the £££££££ vision, and we're committed to rewarding our colleagues fairly for their great work in providing brilliant customer service. We therefore offer a number of discretionary, non-contractual (meaning they're not a part of your contract) benefits, including colleague discount and great discounts across a whole range of products and services to help you live well for less. For more details and eligibility criteria please see the attached Benefits Schedule, which will be updated from time to time.




    Holiday

    Everyone needs to recharge their batteries from time to time so it's important that you take time out to relax and enjoy life outside of work. The Holiday policy available on £££££ outlines your paid holiday entitlement, which is calculated using your weekly contracted hours. Your holiday entitlement will be available for you to view on Kronos within your first few days of joining us and will refresh at the start of each new holiday year (these run in line with the financial year from period 1 week 1 in March). In order to avoid being disappointed, please don't make any plans until you have agreed your leave requirements with your line manager.


    If your contract is terminated any holidays that you are entitled to but haven't yet taken will be paid to you in your final pay. Equally if you have used more holidays than you're entitled to, a deduction will be made from your final pay. We reserve the right to make you take any outstanding holiday during your notice period.



    Sickness Absence




    It's really important to look after yourself and take the necessary time to recuperate when you’re ill. If you’re unfortunate enough to be sick you must follow the guidelines detailed in the Attendance policy available on £££££, as we will manage your absence in line with this and the company has the right to withhold Company sick pay if you don't.

    Whether or not you’ll receive sick pay is dependent on meeting several conditions (all of which are detailed in the Attendance policy) so it’s important that you take time to read through this when you start – you probably won’t want to be looking up policies when you’re feeling ill. You must contact your manager on the first day of your absence and continue to maintain contact for the duration of your absence.

    To support you getting back to work we may sometimes require the support of an occupational health advisor – this could be an internal or external specialist, as appropriate.



    ££££££ Retirement Savings Plan and Life Cover
    Pensions aren't particularly exciting, but they're an important part of our total reward package and a great way to help you to plan for the future. We offer colleagues the opportunity to join the £££££ Retirement Savings Plan (run by Legal & General) up to the age of 75.

    Government rules mean that £££££ will automatically enrol colleagues who meet certain conditions into the pension, but colleagues can join and get the benefit of Sainsbury's contributions at any time.

    You can pay in as much as you like. We have two different contribution rates: Start Up and Step Up.
    • Start Up contributions are 4% of your pensionable pay between the limits set by the government each year (the minimum and maximum changes each 6 April). This is the rate you'll pay if you're automatically enrolled or choose to join Start Up. Under Start Up, will pay 4% of your pensionable salary into your pension. Pensionable pay in the Start Up scheme includes all your pay between the thresholds set by the government each year per pay period, including any bonus, overtime and shift premiums, excluding car allowance, share payments and leaving payments if applicable.
    • Step Up contributions are 4%, 5%, 6%, 7%, 7.5%, or more, of your Step Up pensionable pay. will match your contribution on a one-for-one basis up to 7.5%, but you can pay in more if you want to. Pensionable pay in the Step Up scheme is your pay including overtime and shift premiums, but excluding any bonus, car allowance, share payments and leaving payments if applicable.
    As pay differs from period to period, the contributions deducted from your pay will vary. If your pay is below a certain amount, deductions will not be made.

    Once you join, Legal & General will send a letter to your home address with more information about the Plan. This includes information about how you can opt out of retirement saving. After you have joined, you can stop paying into the Plan at any time.

    It's not necessarily what anyone wants to think about at an exciting time starting a new role, but should the worst happen and you die while employed by us, then you're eligible for life cover of one year's annual contractual basic pay if you pay Start Up contributions or you're not in any pension arrangement. If you're paying Step Up contributions, you could be eligible for life cover of six times your annual contractual basic pay (although if you don't start to pay Step Up contributions within the first year of being eligible, then the higher life cover may be restricted). Eligibility for life cover and the circumstances in which it would be paid are both subject to conditions set by the insurer providing this benefit.

    Contractual basic pay is the total of your basic pay, location pay, market payment and unsocial hours premium if applicable. Other pay and premiums are not included. These benefits are provided up to age 75. The Company reserves the right to alter, amend or withdraw the Plan either wholly or in part from time to time. You can decide to join, leave, and move between Start Up and Step Up at any time.

    There's more information about the pension, how to join, contribution options and the conditions for Pensions Automatic Enrolment at www.jspensions.com or in the Pensions Policy.
    You can join online by logging into the My Benefits section of the Sainsbury's myHR system or clicking 'How to join' at the Retirement Savings Plan Section on www.jspensions.com.

    Pension Salary Sacrifice
    If you apply to join the Plan, you agree to sacrifice a percentage of your salary under equivalent to the level of contributions you have chosen to contribute. We call this SMART. The Company will contribute that amount into the Plan on your behalf unless you formally opt out of SMART and instead pay normal contributions from your pay.

    If the Company enrols you automatically, you will pay normal contributions from your pay and then start to sacrifice your salary under SMART after three pay periods. You can choose to pay normal contributions at any time.

    Deductions
    If you happen to be overpaid in your pay or are in a position where you owe us money we will deduct this money from your pay. This clause is without prejudice to the rights of the Company to recover, by legal proceedings, any sums owed by you to the Company.





    Disciplinary and Grievance

    The Company's disciplinary and grievance procedures are set out on OurSainsburys. Any disciplinary or grievance will be heard by a manager with any appeals being heard by another manager at the same grade or higher.




    Social Media
    Everyone is encouraged to be themselves here, and we don't want you to press pause on your personality, in or out of working hours. Please remember to be careful online - just as in real life, you're personally responsible for your actions online, and as a representative of , you have responsibilities to your fellow colleagues, customers, our business and the communities we work in.

    This applies to any website or platform where you can leave a comment including Facebook, Twitter, Instagram and Snapchat...to name a few. The Social Media policy on gives full details of our expectations of you and why it's important to consider your use of social media. Please take time to go through this policy as any misconduct on social media will be managed in line with the Company's disciplinary procedure.


    Collective Agreements

    There are no collective agreements that apply to your employment.




    Confidentiality
    On our team, trust is a really important part of how we work together. Everyone is trusted to make their own decisions and do the right thing for our customers. So during and following your employment with us, you should not use or disclose to any person, firm or company any confidential information that belongs to the Company, or any Associated Company (as defined by section 25 Corporation Taxes Act, including any company in the Group). At we treat confidentiality really seriously and we will take all necessary steps to protect our interests.

    Please refer to the Use of IT Systems and Bringing Your Own Device policy on for more information.

    Data Protection
    Your personal data, including special category personal data, will be processed by Group company, in its manual and automated filing systems. Such data may be processed both inside and outside of the European Economic Area in order for your contract of employment to be performed, for decisions to be made regarding your employment and as more fully set out in the colleague privacy policy on Our Sainsbury's. You must comply with all relevant rules and policies concerning personal data as notified to you from time to time.



    Probationary Period
    Building a brilliant s means every one of our colleagues working together to deliver effortless and personalised service that meets our customers' needs. So during your first 12 weeks your line manager will assess your performance and attendance to ensure you're meeting our performance expectations. Following this, we'll have a conversation with you to confirm your probationary period, subject to receipt of satisfactory references and your health questionnaire. If you don't meet our performance expectations then your probationary period could either be extended or we could end your employment with us. Throughout your probationary period our policies relating to disciplinary, grievance and performance management will not apply.


    Notice Period
    During the first four weeks working with us, in the unfortunate event that either you or we decide to end your employment then we can do so without a need to give any notice to each other. For the rest of your probationary period, the period of notice that applies to both parties will be 1 week. After your probationary period and for the remainder of your employment with us you must give your line manager 4 weeks' notice in writing if you want to leave us.

    If we end your employment after your probationary period, you’ll be given notice in writing, except in cases of gross misconduct or in other circumstances justifying summary dismissal, when your employment will end immediately on written notice from us without any right to a notice period or payment in lieu of notice. Notice given to you will vary depending on your length of service - please see the table below:







    Right to Work in the UK
    Before you join us it’s important that you provide us with documents to confirm you’re eligible to work in the UK. Please provide original documents, as we are unable to accept photocopies or photographs. This is a legal requirement and a condition of your continued employment with us. If required, we may carry out checks with the Home Office during the course of your employment. If you would like more information, please refer to the Right to Work policy on OurSainsburys.




    Definitions
    In this agreement, unless the context otherwise requires, the following words have the following meanings:

    Group means the Company and all Associated Companies (and Group Company shall mean any such company);

    Associated Company means any Holding Company of the Company or any Subsidiary of such Holding Company or the Company (and Associated Companies shall be constructed accordingly). For these purposes, the terms Holding Company and Subsidiary have the meanings given to them by Section 1159 of the Companies Act 2006 (as amended or re-enacted from time to time).


    Law
    This Agreement is governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.


    Changes to terms and conditions of employment
    To support the evolving needs of our customers we reserve the right to alter the terms and conditions of your employment at any point in the future in line with the needs of the business. We may notify you by letter, updates on notice boards, or through changes to our colleague policies. For this reason, it's important that you read these documents carefully.


    Sign me up! The legal bit…
    Where any terms in this contract contradict any terms in the Company's Policies, the terms in this contract shall apply. I confirm that I have read and understood all of this contract and understand it is my responsibility to ensure I read the relevant detail on and any other policies relevant to my employment.

    This document sets out (or refers me to other documents which set out) the details of any employment and I confirm that I understand and agree to these terms and conditions of my employment.
    Tags: None

  • #2
    Yu are asking how to react to something which has not and ,ay well not happen. If something happens it might happen in any of several ways. There is little point in anticipating something which is clearly still hypothetical.
    Even so, good luck.

    Comment


    • #3
      I asked because it's a distinct possibility not a hypothetical one. Line manager said today there is to be a crash on hrs at the end of next month

      Comment


      • #4
        It would appear that 36 hours a week is what you are contracted to and what your employer is obliged to provide. However that does not mean that there may be occasions where there is simply not enough work to go around and an employer is unable to offer the minimum contracted hours to employees. If this is the case, the employer may ask the employee to take holiday, unpaid leave in the form of a lay off or short time working.

        Plus I would also like to point you to the section Changes to terms and conditions of employment where the employer is saying that they have the contractual right to change your terms and conditions in the future by giving you notice of these changes. Such a change could be your hours of work.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          I got this reply from a worker at the company training to be a solicitor.

          "still has to be an agreement and if no agreement with the employee it can still be considered a breach. There are express and implied terms of a contract and express cannot be changed without agreement!"

          Comment


          • #6
            In my view they are missing the interpretation of the clause I made reference to in my post #24. Your employer has written into your contract an express term that allows them to change your terms and conditions with notice.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              I think in the end they will do whatever they want!

              Trainee solicitor response:

              yes they can change BUT if you disagree you need to tell them and state you may take legal action for this matter, especially if it is unauthorised deduction of wages because you have not been paid for contracted hours.

              Company HR social media response:

              ​​​​

              You should only be working less than your contracted hours if it is agreed by both yourself and your manager.

              If you have queried this with your line manager already, I would recommend querying this with your store manager. You can also raise your grievance through your store manager.

              You can find our Fair Treatment Policy here on the process and how to raise a complaint.

              Comment

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