August Newsletter 2010 Carlisle

8/9/2019 August Newsletter 2010 Carlisle

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GMB@ASDA

The Employment Appeals Tribunal (EAT) in the UK, upheld the Employment Tribunal's decision inBateman and others v Asda StoresLtdruling that Asda could rely on a clause in its staff handbook which reserved the right to amend various contractual termsunilaterally, including those relating to pay.

Asda employs thousands of staff, some of whom were paid under an old pay regime known as the"Standard Rate" whilst others were employed under the new regime, known as "Top Rate". Asda sought toharmonise the pay structure by placing all staff on the newer "Top Rate" pay structure. Whilst Asda soughtto ensure that no employees would suffer a reduction in pay as a result of the harmonisation, not allemployees were keen to accept the change to their terms and conditions.

Despite the express right to amend employees contracts of employment unilaterally, Asda conducted anextensive consultation process informing employees of this change. Whilst many employees agreed toAsda's proposed amendment, approximately 8,700 employees' contracts were varied without their expressconsent and 700 of employees brought claims.

The Tribunal held that the handbook enabled Asda to amend employees' terms unilaterally without the need for any additionalexpress consent. The EAT dismissed the employees appeal as it concluded Asda's handbook should be construed objectively andfound no evidence to support the Claimants' contention that they never intended or expected to be bound by such a provision.

Employers should not view this decision as a carte blanche for relying on those ubiquitous clauses which seek to permit employers tovary employees' terms and conditions unilaterally. In this case, the Claimants' did not argue the effect Asda's actions had on theImplied duty of trust and confidence. However in Asda's favour was the significant number of employees who accepted theharmonisation.

However can ASDA impose the changes?

No. An employer that imposes a contractual change without the employee's consent will be acting in breach of his or hercontract and, if the breach is fundamental, the employee will have a potential claim for constructive unfair dismissal(provided that he or she has at least one year's service). When faced with a situation in which it cannot achieveagreement to a change to terms, the employer may be left with no option but to dismiss the employee and re -engagehim or her on new terms.

Before dismissing an employee in these circumstances, the employer should check that there are no extenuatingcircumstances justifying the employee's refusal to accept the change that could render the employer vulnerable to asuccessful claim of unlawful discrimination and/or unfair dismissal if it dismisses the employee (for example, healthproblems or caring responsibilities that would make it difficult for the employee to accommodate the proposedcontractual change).

If you are being forced to change your contract please contact your GMB Union representative or your GMB Office.

EAT rules Asda can vary employment contracts unilaterally

Join online at www.gmb.org.uk/join

NEWSLETTERAUGUST

2010

Health and safety equipment that asda should provide free of charge.Your own, personal Hi vis vest whatever department you work on to wear in the designated areas.

Your personal Hi Vis jacket if you work in the warehouse, fridges, freezers, petrol station , home shopping, car parks.

Safety Shoes if you are a baker, warehouse colleague, car park colleague, home shopping driver.

Thermal gloves, hats and underwear if you work in cold areas or are cold in your workplace.

Pressure mats at the checkout areas

Knee pads if you are a stock replenisher.


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We are increasingly being contacted by colleagues/members who

feel that they have been unfairly treated regarding dress

standards in ASDA stores. These complaints have been about

unfair treatment regarding hair colour and hair style,

Do you feel that you are unfairly treated because you have been

asked to change your hair colour or hair style?

Or have you been unfairly treated on any other parts of the dress

standards? ie tattoos, makeup, shoes, etc.If so contact:-

Micky Hoppertel0191 514 2634

[email protected]

Elizabeth Jeffrey

tel 07812487192

e-mail www.gmbnorthcumbria @gmail.com

Q When a Fit Note has a specific end date on it,

on what actual date can the employee beexpected to return to work?A The Department of Work and Pensionshas confirmed that the period of absence

stated on the Fit Note is up to andincluding the end date therefore the

employee would return to work thefollowing day.

Section leaders are hourly paid colleagues therefore their

roles are limited in the Grievance and Disciplinaryprocedure.

At the moment section leaders can council colleagues,

carry out the return to work interviews in a welfare

capacity and only if the colleague is on green or amber in

the absence ratings.

The Section Leader can suspend or send someone home but

only if there is no other management in store.

The GMB are raising concerns about section

leaders being involved in these roles.

Were

always on

the case

Dress standards

Roles of section leaders

Fit Notes Upate

When you are off sick you cannot be forced to

take your holidays. If the company is

forcing you to come off sick pay to take your

holidays please inform your GMB

Representative.

The only time that the company will take you off sick pay to

take holidays is if you are on sick leave at the end of the

holiday year. (usually at the beginning of March). This is so

that you do not lose out on your holiday payments for the

year. After you have used your holiday entitlement the

company with then put you back on to sick leave pay.

Off sick!

The GMB is circulating a survey to all

members in ASDA asking your opinion on

the pay and conditions and if you feel that

the consultation process in ASDA is fair

and reasonable.

If you are a GMB member you should receive this survey

through the post If you have not received a survey please

contact your GMB Representative or your GMB Officer

and a copy will be sent to you.

Please ensure that you fill in this opinion survey and

return to GMB Freepost WC2268 London, SW19 4YY.

Your opinion does matter and will be raised with ASDA

House management.

The Pay Award

ASDA opened a huge delivery warehouse in

Enfield on Monday 23rd August, creating

about 400 new jobs as it expands its online

delivery service.

The 93,000 sq ft Home Shopping Centre in Southbury

Road, Enfield, will ship food and other goods to customers

who order their shopping online across north London.

More than 150 van drivers, including 15 women, will be on

hand to deliver goods to customers throughout the day.

Asdas supply director for new business, Graeme Douglas,said: We have had a huge number of applicants for the

new jobs and the people at the Job Centre have told us that

unemployment in Enfield is above the national average, so

we are bringing lots of jobs to an area where it is needed.

We have 30 vans operational but that will go up to 50 in a

few weeks and we have the capacity for up to 100 vans.

Opening up the centre, which is only the second in the

country, is part of Asdas plan to increase its business in the

capital. Getting sites in London isnt easy and this is

another way of serving customers, Mr Douglas added.

The site, which was previously a warehouse for theremovals firm Pickfords, was chosen because of its

convenient transport links to the rest of north London.

http://www.northlondon-today.co.uk

Asda creates 400 jobs at new hub for
http://e-connect.acas.org.uk/t/r/l/pdhihy/yhkrhkjry/jlhttp://e-connect.acas.org.uk/t/r/l/pdhihy/yhkrhkjry/jlhttp://www.northlondon-today.co.uk/http://www.northlondon-today.co.uk/http://www.northlondon-today.co.uk/http://e-connect.acas.org.uk/t/r/l/pdhihy/yhkrhkjry/jl


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Following Asda's acquisition ofdiscount retailer's UK operations,Office of Fair Trading rules thatit must offload 30 outlets

Walmart-owned retail group Asda has put 30of its recently acquired Netto discount storesup for sale, following a ruling fromthe UKOffice of Fair Trading.In May, Asda announced it hadreached a deal with DanskSupermarket A/S to purchase theUK arm of its Netto Foodstores discount chainfor 778m (914m) on a cash and debt free

basis.However, the Office of Fair Trading has nowasked the retailer to dispose of part of itsNetto portfolio in the country, which amountsto 193 stores in total.

According to press reports in the UK,rival retailer Morrisons is thought tobe interested in securing the stores,as it looks to pushforward with itsstrategy of operating a greaternumber of small stores.

www.fruitnet.com

Asda to offload Netto stores

Flexible working is the most valued benefit

for employees, ahead of employee benefits

such as bonuses, according to

PricewaterhouseCoopers.

Flexible working arrangements were rated themost important benefit by 47% of those surveyed, aboveperformance-related bonuses, which came second (19%).

Flexible working was given equal priority by men and women, with 41%

and 54% respectively ranking this benefit the most valuable. And a

better work-life balance was seen as more achievable in the long term

by 42% respondents than vastly increased responsibility and salary

(39%).

Michael Rendell, head of human resource services at Pricewaterhouse-

Coopers, said: "Two years of recession have changed people's attitude

towards work. With companies mindful of taking on new employees,

existing staff have been expected to do more with less. Our survey indi-

cates that employees may be feeling the pressure, with large numbers

hoping for a better work-life balance in the future, and half saying they

would rather work for themselves.

"With bonuses unpredictable in uncertain economic conditions, employ-

ees are looking for broader benefits.

"Companies that can adapt to the UK's growing flexible

working culture will be best placed to sustain morale

and retain top talent when the job market becomes

more buoyant."

www.hrmagazine.co.uk

If you have any complaints or

compliments about this GMB newsletter

please contact

Ged Caig on 01228 521657 or Micky Hopper on0191 233 3930

ASDA has no input in the contents of the GMB

Newsletters.

Employees want flexible working even

more than performance-related

bonuses

It was his first speech as Asda chief executive and an attempt to explain why sales have fallen.

But Andy Clarke is probably wishing he had kept his mouth shut after admitting that his supermarket'sfood is not up to scratch.

Shoppers rounded on him after he scored a spectacular own goal confessing that fruit, vegetables, fishand meat sold from his 377 stores is just not good enough.

His gaffe has been dubbed 'a Ratner moment' by some insiders, a reference to hapless jewellery bossGerald Ratner who called one of his products 'total crap'.

That business plummeted in value in 1991 after Mr Ratner also said his earrings were cheaper than anMarks & Spencer prawn sandwich and 'probably wouldn't last as long'.

Mr Clarke said: 'Food quality is something Asda hadn't been as focused on in the past as it should havebeen.

'Some of the things we were doing at the start of the year was not right for customers.

Last year at Christmas we talked about our Extra Special premium range, but hadn't done enough work on the product to allowus the credibility to shout about it.

I'm very passionate about food values and food quality. It's something we haven't spent enough time talking about or working on.'

Mr Clarke, who started in May, was trying to explain falling sales over the past three months, when Asda lost market share torivals Sainsbury and Morrison.

www.dailymail.co.uk

New boss admits supermarket's food isn't up to scratch
http://www.dailymail.co.uk/http://www.dailymail.co.uk/http://www.dailymail.co.uk/


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Hi Vis Jackets and vests being shared by colleagues/managers/visitors

Colleagues working on counters, CSD, checkouts and greeters are cold

and not provided with suitable clothing or PPE.

Colleague walkways blocked with stock .

Fire doors wedged open /Fire Exits Blocked/Fire exnguishers blocked

No storage for PPE.

Damaged roll cages, bread wheels and clothes rails coming in from

depots.

Insucient /dirty /Broken Daleks (kick stools)/step stools.Untrained Colleagues le in charge of the Petrol staon.

Colleagues not re trained le alone in petrol staon

Broken /unsafe check out/oce chairs.

Colleagues / managers not wearing PPE in the designated areas.

Management not supplying personal PPE.

Lighng not sucient in George clothing and H/L warehouse.

No safe systems of work in the warehouse.

Blocked pedestrian walkways.

Misuse of tetratainers.

First Aid trained colleagues not covering every shi.

Colleagues geng migraines/headaches because of

low lighng.

Broken airport ladders not being put out of service.Hi Vis clothing not being laundered by management.

Knee pads for stock replenishers, not being provided.

High stacked, unsafe stock on pallets delivered from distribuon.

Insucient /broken pallet trucks for night shi workers.

Insucient roll cages/at bed trolleys for colleagues to move stock.

PPE not being provided immediately when lost, stolen or damaged

Home shopping trolleys /POS trolleys not suitable for use.

Home shopping vans being used when unt for road.

Insucient cage fronts so colleagues have to shrink wrap cages causing

them to get dizzy.

Loose stock on shelving over 2 metres high.

Colleagues on counters working and cung meat in dimly lit areas

Fire evacuaon procedures not being adhered to.Spot checks are not being carried out correctly.

Colleagues not being provided with an fague mang.

Home shopping vans not been cleaned inside and out.

Home shopping trolleys stored in re corridors.

Intercom on checkouts broken.

HAVE YOU GOT A HEALTH AND SAFETY ISSUE IN YOUR STORE WHICH

IS NOT BEING RESOLVED? TELL YOUR GMB REPRESENTATIVE

Diary of an ASDA ShopSteward (JULY)

Your GMB Shop Steward, Elizabeth Jeffrey, can be contacted on Mobile no.07812487192

or e.mail: [email protected]

Have you recently moved home?

Have you got married and changed your surname ?

Have you changed your phone number?

Have you changed the amount of hours that you are

contracted?

Please inform the GMB to ensure your membershipdetails are correct.

YOUR MEMBERSHIP DETAILS

Visit the GMB C15

North

Cumbria General

Branch

Website

IwantmyShopSteward

Branch Website www.gmbnorthcumbria.blogspot.com

Do you want to contact Elizabeth Jeffrey?

Speak to Your points of contact listed below.

Sandra Gavin Music and Video

Jennifer Graham Cust. Restaurant

Jennifer Davidson Counters

Michael McDowall W/H & security, nights

Michael James Warehouse

Janet Cannon Availability

Laura Johnston Produce

Fiona Hodgson Home and Leisure

www.gmbnorthcumbria.blogspot.com

Health and Safety Issues in ASDA

1. Monthly meeting with

GSM/SPM

2. Consulted with members whilst on facility time.

3. Created the August monthly Newsletter.

4. Represented colleagues in 1 to 1 interviews.

5. Attended LGBT Conference London

6. Assisted member for an accident claim.

7. Attended Colleague Circle as GMB Rep.

8. Accompanied member in disciplinary hearing.

Victoria Hull Petrol

Yvonne Mitchell George

Cheryl Henry Provisions

Dawn Carruthers Checkouts

Lesley Soresi Checkouts

Marie Dobson Checkouts

Norma Allen Checkouts

Documents

August Newsletter 2010 Carlisle