Rep PackHelping you to help members not sign

Contract 6

GMB UNION IN ASDAGMB UNION IN ASDA

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Contents

Message to reps 2

Getting out the message - vote and don’t sign 4

10 tips when representing members 6

Taking up cases where members have been persuaded to sign 8

Reasons why our members are objecting to Contract 6 9

GMB communications to members 11

Contract 6 and Facebook 12

Our letters to Asda - what we are asking for 13

What Asda are saying to their managers 14

Timeline for One-to-Ones 15

Appendix 17

Message to GMB Reps from Gary Carter, National Officer

We’ve had a number of reps contact us to feed back on the help they’ve been providing members during the One-to-One meetings. They tell us that some managers are going at full speed to try and get members to sign - and not following Asda’s own timetable. They also report that some managers aren’t giving staff the full information they need to make an informed decision. And some managers are leaning heavily on staff to sign - sometimes against their wishes.

As we move into the second round of meetings, we’ve put these notes together to help you represent people at the ongoing One-to-One meetings.

First and foremost, thank you! Thank you for the brilliant job you have done in standing up for GMB members during this difficult time.

We want to make sure that Asda listen to you - the legitimate voice of the Asda workforce - and that means them re-thinking their plans to impose Contract 6.

Over the past two years and before Asda started the One-to-One meetings, only 15% of Asda staff have volunteered for the new contract! 15%!

Can you think of any situation where 15% means you plough on regardless? We’ve put our alternative to Asda and have been able to secure some concessions from them. But they can go much further.

Asda are a multi-billion pound organisation and have the propaganda machine that goes with it. For instance, they gave us a few hours notice of their plans to impose Contract 6 with the first staff briefings already

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scheduled to take place when they told us of their decision. We are fighting an uphill battle against one of the biggest companies in the world.

It is only by bringing everyone together that ordinary people working for Asda will get to have their say. It is through your work helping Asda staff organise in their trade union of choice that Asda has already made some changes to their proposals. We want them to go much further and you can see what we have put to them on page 17 of this pack.

This pack will help you to represent GMB members through the ongoing One-to-One process. The first round of meetings will soon be coming to a close but two further sets of meetings are due to take place. We have one simple message for GMB members - DON”T SIGN. They don’t have to sign now and there’s no benefit if they do – they won’t get £9.00 an hour until November.

One final thing. Like many employers in this situation, at some point Asda may well try and suggest that Contract 6 has been agreed with GMB. Let me be clear; we haven’t and, unless there are major changes to their plans, we won’t.

There is much to come on Contract 6 - we’ll make sure that you’re kept informed. Check out https://www.gmb.org.uk/asda-update for the latest updates.

Meanwhile, stay strong! Keep supporting our members. And keep building GMB.

Gary CarterGMB National Officer

Getting Out the Message Vote and don’t sign

You can check out what we’ve been saying to members on page 10.

And see what we’ve been saying on Facebook here - go to https://www.gmb.org.uk/asda-update for things you can share on Facebook.

We are balloting all of our members and recommending that they vote to REJECT the proposed changes. Contact your local GMB office or your GMB Organiser if members haven’t yet had the chance to vote.

Make sure that all staff in your store know that GMB is here to support them through the One-to One discussions. Please ensure that those who are yet to join GMB have done so before we represent them.

Please help get our message out:

Ì by word off mouth

Ì by Facebook and other social media

Ì by text, email, leaflets - any way that works for you

And what is our message?

Ì Vote NO in the GMB ballot

Ì Don’t sign the new contract

Ì Encourage everyone to do the same

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10 Tips When Represent-ing Members in Contract 6 One-to-Ones

1. You’re there to represent the member. That means speaking up on their behalf, making sure their point of view is heard, and giving him/her the confidence to not sign the contract changes.

2. Meet with the member before the One-to-One - ask for time to do so as no one should ever go into a meeting unprepared. Agree with the member the points they want to make during the meeting - we have been given many reasons why people object to contract 6 - we’ve put some of them on page x of this pack.

3. Challenge managers if they say that Asda is recruiting new staff to replace colleagues who have not yet signed – this is not true. Challenge managers if they say that members will lose their job if they don’t sign now – this is not true.

4. Ask the manger to talk you through exactly what the implications of the new contract would be for the member, including (and ask these questions every time - you may have heard it before but the member won’t have):

• What will be the impact on holidays and holiday pay?

• What will be the impact on my hourly rate of pay?

• What about premium payments for bank holidays and weekend working?

• What flexibility will Asda expect?

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• What guarantees will the manager give that the member will not be in trouble if they cannot work as flexibly as Asda want?

• What would Asda be willing to increase then hourly rate of pay to in order to secure everyone’s agreement to the new contract? (at the moment they think signing away your rights is worth 60p an hour)

5. Take as much time as you need in the One-to-One meeting. GMB members have legitimate concerns and questions about the proposed changes. Asda has to listen and respond appropriately.

6. The member does not have to agree to the change of contract. The more members that say “no” the better. The manager conducting the One-to-One should not try and intimidate or pressurise the member into signing away their right to not sign.

7. You, and any GMB member, can report any instances of undue pressure, bullying or intimidation to our Contract 6 Hotline - 0207 391 6777 - all calls are confidential and no information will be passed to Asda.

8. The member cannot be disciplined, dismissed or treated less favourably for refusing to sign. Report any suggestion of this immediately to the GMB Hotline.

9. Thousands of Asda staff are saying no to contract 6 - no one is on their own by saying no.

10. Asda has scheduled 3 One-to-One meetings for each members of staff affected - see page x for the schedule of meetings. Don’t be rushed into the second and third meetings - phone the Hotline if members are being pressurised to go into meetings too soon. And even at the third meeting our advice is not to sign the new contract!

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Taking up cases where members have been pressured to sign

We are getting repeated messages from reps about members having signed the new contract and now regretting it. In some cases this is because they feel they were given misleading information and in other cases because they felt they would be in trouble, have their hours changed or lose their job if they didn’t sign.

That’s why we’ve launched out Hotline 0207 391 6777 so Asda staff can report any instances of being pressured to sign.

But some GMB members may have signed and wish to change their mind. We are advising our members to talk to their rep about this. This means that you may be approached by members wanting help.

Any member who wishes to step back from signing the new contract should email or write to their GSM stating that they wish to reverse the decision to sign the new contract and have their objection noted. They should give the reasons why they felt pressured into signing - e.g. misleading information, threats about their future role or hours, etc.

There’s some sample text that you can use in the box on the next page.

If Asda refuses to allow the member of staff concerned to change their mind then please talk with your GMB officer about submitting a grievance. We cannot allow our members to be bullied into signing the new contract.

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Sample text

Name Store

I recently attended a One-to-One meeting with my manager where I was asked to sign my agreement to the new Contract 6. I felt under pressure during that meeting to sign my agreement to the new contract and I did so despite not fully realising the implications. On reflection, I believe that it is not in my best interests for me to accept the changes to my contract and I withdraw my agreement. Can you please record this decision on the Asda People Desktop.

Signed

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GMB communications to members

Email to go out to members on 15/07/19: Subject:

Contract 6 – our advice – DON’T sign

Body:

The initial period for the first round of One-to-One meetings are scheduled by Asda to come to a close shortly. Our advice is to not sign the new contract. Don’t forget - take your GMB rep with you whenever you attend one of these meetings.

You can get more information here www.gmb.org.uk/asda-update

Asda has scheduled up to 3 One-to-One meetings to try and persuade you to sign the new contracts. Don’t be rushed into these meetings. If Asda are pushing you into meetings too quickly then politely ask for more time to consider your options.

We’ve set up a Hotline so Asda staff can report any pressure or intimidation. If you are being putting under pressure to sign the new contract then report it to the Hotline. You can do so anonymously and no details will be passed to Asda - ever.

We’ve had a number of reports of members who have felt pressured to sign the new contract and now regret doing so. Talk to your rep if you have said yes and were put under pressure to do so. We’ll help you not to sign if that’s what you now want.

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5 reasons to not sign:

o Asda is asking for too much flexibility

o Many staff lose holiday entitlement and/or pay

o Asda colleagues don’t trust managers to implement flexibility fairly

o People have lives outside of work - many simply can’t work the hours that Asda want them to

o Asda thinks that you’re only worth an extra 60p - they want flexibility and reduced benefits yet aren’t prepared to pay for it

Attached is a leaflet for distribution in stores. We will be emailing and text messaging members but not everyone will get these messages. Please distribute the leaflet as best as you can.

In solidarity, GMB Union

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Contract 6 and Facebook

Here you can find various graphics we have put together to ecnourage Asda colleagues to join GMB and to urge them don’t sign contract 6. Click on them to share on Facebook.

Click on them to

share

Help us share our message to every

colleague

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Our letters to Asda - what we are asking for

We have sent various letters to Asda over the last year relating to Contract 6 demanding that they listen to our members and not force it on them.

Read our latest letter that Gary Carter, our National Officer for Asda has sent to Asda in appendix i on page 17.

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What Asda are saying to their managers

Asda have sent round a series of documents for Managers at the Asda stores across the country. We have compiled some of these so you can see what the company is saying to managers.

In appendix ii (page 20) you can find the FAQ they have issued to managers (and didn’t share with us!).

You can also see the full set of notes managers are working to in the appendix iii on page 22.

On the next page you can see Asda’s own timeline for this process.

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Timeline for One-to-Ones

Below is Asda’s own timeline for the next few months:

Individual Consultation Envisaged Timeline – Enactment date 3rd November

W/C 16 June W/C 23 June W/C 30th June W/C 7 July W/C 14 July W/C 21 July W/C 28 July W/C 4 August W/C 11 August W/C 18 August W/C 25 August W/C 1 Sept W/C 8 Sept W/C 15 Sept W/C 22 Sept W/C 29 Sept W/C 6 Oct W/C 13 Oct W/C 20 Oct W/C 27 Oct W/C 3 Nov W/C 10 Nov W/C 17 Nov W/C 24 Nov W/C 1 Dec

Exec decision point

Collective rep briefings on potential outcome

Leadership briefings on potential outcome

Colleague briefings on potential outcome

Initial 121 window

Final 121 window

Notice periods up to 12 weeks

Go Live Date

First PaydayIndividual Consultation Envisaged Timeline – Enactment date 3rd November

W/C 16 June W/C 23 June W/C 30th June W/C 7 July W/C 14 July W/C 21 July W/C 28 July W/C 4 August W/C 11 August W/C 18 August W/C 25 August W/C 1 Sept W/C 8 Sept W/C 15 Sept W/C 22 Sept W/C 29 Sept W/C 6 Oct W/C 13 Oct W/C 20 Oct W/C 27 Oct W/C 3 Nov W/C 10 Nov W/C 17 Nov W/C 24 Nov W/C 1 Dec

Exec decision point

Collective rep briefings on potential outcome

Leadership briefings on potential outcome

Colleague briefings on potential outcome

Initial 121 window

Final 121 window

Notice periods up to 12 weeks

Go Live Date

First Payday

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Appendix

13th May 2019

Alison Long Senior Director Labour Relations ASDA Asda House Great Wilson Street Leeds LS11 5AD

Dear Alison

Retail Contract Proposals

In the two years since ASDA introduced Contract 6, less than 15% of hourly paid colleagues have chosen to switch to the flexible contract. The £9 per hour in the current proposal does not give ASDA colleagues sufficient incentive to switch, or adequately reward them for the increased flexibility, compulsory bank holiday working and other changes to their terms and conditions of employment.

In the same period ASDA has improved its performance and is very profitable business. This attracted Sainsbury’s as a potential buyer and others such as B&M are reportedly in negotiations with Walmart to purchase the business. There is certainly lots of speculation that one of the driving forces behind ASDA seeking “one contract” and moving from “Your Choice” to No Choice, is to make ASDA more attractive for Walmart to sell and others to buy.

To colleagues, the new contract is not an attractive proposition. Business performance has improved, but for those on the current contract 6 rate their pay has gone backwards. Since its inception, the differential between the flexible contract and National Living

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Wage (NLW) has reduced year on year. The national living wage is catching up and people believe they will be back on NLW in the near future and worse off.

No proposals on pay for years 2 or 3 have been forthcoming.

It is clear from last week’s meeting with finance that the savings, efficiencies, and productivity gains from increased flexibility and the proposed removal of paid meals breaks have not been factored in to the costs/benefit analysis and the three year plan.

In our discussions it has been established that Asda does not need every colleague to work bank holidays. We would like a response to our counter proposal.

Flexibility should work both ways not in the one sided way this contract has been drafted. The flexibility clause has caused great anxiety in every Asda store up and down the country. Tens of thousands of people work at ASDA because they need flexibility. Colleagues see that flexibility disappearing before their eyes and they’re deeply anxious about how they and their families will make ends meet. If Asda wants to retain and attract new employees then it needs to offer its employees flexibility, not take it away.

GMB members, Workplace Reps, the National Forum and GMB officials, all of whom work tirelessly to improve employment relations will be extremely disappointed by the negative response to collective bargaining contained in the ASDA response, especially when ASDA has widely publicised the benefits of a collective bargaining agreement in the press and to all Members of Parliament in the UK.

Can we take it that, as soon as we have over 50% then collective bargaining will be granted?

The current proposals do not have the support of colleagues and GMB’s opposition to the imposition of the new contract is absolute, and represents the anger felt by the vast majority of employees.

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Rather than threatening to impose this contract on its employees, ASDA should be listening to them and working with GMB to create a better set of terms and conditions of employment.

The GMB has put forward its counter proposals and if Asda does not agree with these, we want to know what ASDA is proposing as an alternative and within the reasonable timescales we have put forward or the consultation needs to be extended.

Yours sincerely

GARY CARTER GMB NATIONAL OFFICER

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Guidance document to be used as a tool to aid Managers conducting One-to-One meetings.

The world of retail and our customers’ shopping habits continue to change all the time. Our customers have more choice than ever about where, when and how they shop.

Over recent years, we’ve seen the growth of discount and bargain stores, and of course more customers are choosing to shop online because it is more convenient for them.

We need to change the way we serve our customers if we are to meet their changing needs. In order to earn their loyalty and make sure they continue to shop with us, we need to listen to them to understand what’s most important to them, and stay one step ahead of our competitors in responding to what they want and need.

A key part of delivering this great service to customers is having the right colleagues in the right place at the right time. We currently have a number of different contracts for our hourly paid colleagues which means there is a great deal of complexity and a lack of consistency for our colleagues working alongside each other. These complexities also cause additional workload for our management teams.

In 2017 we launched a new contract, Contract 6, bringing new levels of flexibility so that more of our colleagues are in the right place at the right time to serve our customers. It’s important we adapt so we don't fall behind competitors whose colleagues are already on contracts similar to Contract 6 in terms of flexibility.

To remain competitive, we will move all our hourly paid retail colleagues onto a set of terms and conditions that are similar to Contract 6, but with some changes following feedback during the collective consultation.

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This change applies to all Retail hourly paid colleagues who are not already on Contract 6 which includes all colleagues who Tuped from other employers All colleagues will receive a base pay rate of £9.00 per hour plus any location and role/job supplements – where eligible. Night rate will be the normal base rate of pay + a night supplement The night supplement window is 12am-5am All colleagues can be asked to work all and any Bank Holidays, if required. As a trial, for 2020 non Festive Bank Holidays, the Bank Holiday guidance will say that colleagues

may be asked to work a maximum of three out of the five 2020 non-Festive Bank Holidays. This way of working trial guidance will be reviewed in September 2020 with the colleague forums, and may be altered at that time.

In Scotland the 2nd January will be classed as a Bank Holiday instead of Good Friday No supplement will be paid for working Bank Holidays (with the exception of Festive Bank Holidays) Festive Bank Holidays (Christmas Day, Boxing Day and New Year’s Day) are voluntary Colleagues working Festive Bank Holidays will attract double time Colleague's whose base rota falls on Christmas Day (25th December between 00:00 and 23:59) but who are not required to work, will be paid their base rate plus any usual

supplements Colleagues who have less than 20 years’ service will be eligible to a total of 28 days holiday inclusive of Bank Holidays and float day Colleagues who have 20 years to 25 years’ service will be eligible to a total of 29 days holiday inclusive of Bank Holidays and float day Colleagues who have 25 years’ service or above will be eligible to a total of 30 days holiday inclusive of Bank Holidays and float day Colleagues whose rota falls on a Bank Holiday and do not want to work will need to request annual leave, shift swap etc. All colleagues (with the exception of Tupe colleagues) will be given company sick pay dependent on their length of service in line with the colleague handbook. Colleagues

who have Tuped from other employers will have their sick pay provision protected for a period of 18 months. After the protection period ceases, the colleagues will move onto the company sick pay dependent on their length of service in line with the colleague handbook

All breaks will be unpaid and determined by shift length only We have moved the break window to 10 minutes past the hour for all break entitlements, helping colleagues to maintain their contracted hours The meal break windows will no longer apply Flexibility - colleagues will be given a minimum of 4 weeks’ notice to work in other areas of the store or work different rotas/shift patterns or days. This will be determined by

the need of the business Colleagues who are financially worse off under the new contract will be eligible for an 18 month transitional payment.

Collective Consultation with the GMB and NCV commenced on 9th April and ended 17th June 2019 Individual consultation with colleagues will start 20th June 2019 Affected colleagues usually have up to three separate one-to-one meetings, however there may be occasions where fewer or more meetings are required Colleagues may request to be accompanied at all meetings. This should be facilitated at a local level but, should not hold up the process Colleagues can be accompanied by:

o a trained colleague representative; o a work colleague; or o a trade union official.

For the purpose of this exercise the same manager can conduct ALL one-to-one meetings including the final meeting A People/Academy Manager should be present at the final one-to-one meetings as note taker and to oversee the process. Preparation

Familiarise yourself with the ‘Our New Asda Contract’ Tile and the Change site on WalmartOne Plan time in your diary. Each meeting should usually last no longer than 20 minutes, however some may take longer. Avoid back to back meetings Ensure that both you and the colleague are in work on the day/time of the meeting. Avoid key trading times where possible Book meeting rooms. If there are no available meeting rooms, plan where a private meeting can be held Invite the colleague using the relevant ‘Invite to One-to-One meeting’ letter templates found on the Change site on WalmartOne. If a letter is not given to the

Our Asda Contract

Background

Doing the Right Thing

Key Points of Change

Things to think about

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Page 2 of 8 Last Update: June 2019

colleague, ensure they are aware of the time and day of the meeting If you have colleagues who are on long term sick, maternity leave etc. ensure you have contacted them either to explain what is happening or to arrange a meeting

with them For colleagues on Healthcare leave there is a template letter on the Change site on WalmartOne to contact and inform them of the change. If they wish to attend

a one-to-one meeting, follow the process outlined in this guide. For all colleagues on Healthcare Leave ensure you have logged them on the desktop under Healthcare Leave and have generated a new contract following the Desktop User guide and send with the letter

Ensure you have read the Managers Guide – Colleague Summary Form on transitional payments and you have the colleague’s individual transitional summary form Ensure you have read all supporting guides including the FAQ and you are clear what the one-to-one conversation entails and what is required of you Ensure you have the relevant documents required i.e. contract base report, current rotas, current store vacancies etc. Consider individual circumstances for each of your colleagues.

Key Information

If agreement is reached and the colleague is moving onto the new contract in November, they will continue to work out their old terms based on their current contract until 2nd November

If agreement is reached and the colleague is moving onto Contract 6 at the next available pay day (providing this is prior to the 2nd November) they will continue to work out their old terms based on their current contract until the new pay period

Colleagues who are worse off because of the change will be eligible to receive the transitional payment for 18 months. These colleagues will receive confirmation in writing at a later date

Previous TUPE transfer colleagues will no longer have protected terms and conditions (except for sick pay arrangements as described earlier) Colleagues who chose not to move onto the new contract will be served with 12 weeks’ notice Colleagues do not have the right to appeal.

After Meeting(s)

All meeting notes should be kept in the colleague file for 7 years post employment and then destroyed via confidential waste in line with our document retention policy Ensure all relevant information has been entered into the Desktop and the colleague has been issued with the relevant letter(s). Use the Desktop User Guide found on

the Change site for guidance of how to access the Desktop and instructions of how to generate the new contract Ensure the signed contract is kept in the colleague file.

Individual Consultation (One-to-Ones) Key Points Individual formal consultation (one-to-ones) is meeting colleagues individually to discuss the changes and how they will be affected Colleagues should be invited to the initial and final one-to-one meetings in writing using the relevant invite letters found on the Change site on WalmartOne. For further one-

to-one meetings, these can be arranged verbally if necessary In most cases the line manager will hold three one-to-ones with each colleague to discuss the changes. However, each consultation meeting will be different and it may be that

only one or two one-to-ones are required if clear agreement is reached and all points are covered. More than three one-to-ones may be needed if there are additional questions or issues to be resolved and will need to be managed at a local level

The proforma templates on the Change site are for three meetings however, if more than two meetings are required (ahead of the final meeting) use the ‘Further Consultation Proforma’ to document the discussion

Read the ‘Manager’s Guide - Colleague Summary Form’ found on the Change site on WalmartOne for more information on transitional payments Meeting notes must be taken and kept using the one-to-one pro-forma found on the Change site on WalmartOne. After every meeting, the colleague should review and sign

the notes and agree they correctly reflect the meeting. Where possible an independent note taker should be present, however where this is not possible, the manager conducting the meeting can take the notes (with the exception of the final meeting)

A note taker is required at ALL final one-to-one’s (the meeting where a likely outcome is to serve the colleague notice of their employment coming to an end) and ideally should be the People Manager. In Supermarkets, Academy Managers will be the note taker.

Initial One-to-One Consultation Meeting - (Use Initial One-to-One Pro Forma) In the initial one-to-one meetings (colleagues should have been invited using the ‘Invite to Initial One-to-One Consultation’ letter):

Explain the One-to-One Consultation Process (meeting to discuss the changes, how the colleague will be affected, usually up to 3 meetings etc.) Check:

1. Did the colleague understand the collective consultation process and the points raised? (If not, direct them to the ‘Our New Asda Contract’ tile on WalmartOne) 2. Have they visited ‘Our New Asda Contract’ tile on WalmartOne and read the minutes posted? (If not, direct them to the ‘Our New Asda Contract’ tile on WalmartOne) 3. Have they any questions?

Discuss Key Changes (refer to Key Points of Change):

4. Explain the impact of the change and how the change will affect them:

Confirm the number of hours the colleague will be contracted to as a result of the removal of paid breaks. Confirm the new rate of pay Discuss that colleagues can be asked to work all and any Bank Holidays, if required. As a trial, for 2020 non Festive Bank Holidays, the Bank Holiday guidance

will say that colleagues may be asked to work a maximum of three out of the five 2020 non-Festive Bank Holidays. This way of working trial guidance will be reviewed in September 2020 with the colleague forums, and may be altered at that time.

Colleagues may need to check their own personal situations to see what, if any, impact this may have on them. For example if they are in receipt of Universal Credit, student loan etc. (refer to Useful Information section)

Discuss if applicable whether the colleague will receive a transitional payment using the colleague’s summary form (this will have been delivered by Courier to stores on Thursday 20th June). A photocopy will need to be made if the colleague wishes to take the form away. (Refer to the ‘Manager’s Guide - Colleague Summary Form’ on the Change site on WalmartOne for more information)

If the colleague previously transferred from another employer under the TUPE provision, check that the colleague understands their old terms and conditions will not continue with the exception of their sick pay and explain they will have their sick pay provision protected for a period of 18 months. After the protection period ceases, the colleagues will move onto the company sick pay dependent on their length of service in line with the colleague handbook

Ensure the colleague understands the changes around breaks and what this will mean for them. Refer to the table below for guidance

Individual Consultation Process

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Ensure the colleague understands what we mean by flexibility i.e. giving the colleague 4 weeks’ notice if we require them to work different rotas/shift patterns or days in another department or on different days of the week in the store. Explain that this is NOT currently about exploring the colleague’s individual circumstances and flexibility. Explain if we were to give notice of a change, we would first discuss individual circumstances at that time to ensure we understood their flexibility and would make sure any requirement to change is reasonable

Confirm the number of holidays the colleague will receive, explain that Top Up holiday hours will cease and be replaced by a set number of days for the colleague to book

o Up to 20 years’ service 28 days holiday o 20 to 25 years’ service 29 days holiday o Over 25 years’ service 30 days holiday

Discuss any other relevant points or any points raised by the colleague If the colleague has Protected Life Insurance confirm there will be no change to their benefit and that they should have received a letter from the Pensions

Team

5. Answer any questions they may have using the FAQ on the Change site and also direct the colleague to ‘Our New Asda Contract’ tile on WalmartOne.

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During or at the end of each one-to-one, record the outcome using one of the following three options on the Desktop. Refer to the Desktop User Guidance found on the Change site on WalmartOne:

1. Accepted new terms and conditions (Our Asda Contract) If the colleague decides at this point to accept the new terms and conditions and wants to move onto Contract 6 from the next pay cycle, a new contract

can be generated which will include the colleague’s Job Title and Job Family and new contracted hours, rate of pay and role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information from the effective date. Use the Desktop User guide found on the Change site for guidance of how to access the Desktop and instructions of how to generate the new contract

Make it clear to the colleague that they won’t receive the new rate of £9 per hour until the new contract goes live in November If the colleague decides at this point to move onto the new contract from November, a new contract can be generated which will include the colleague's

new contracted hours by accessing the Desktop and inputting the required information. Once the contract has been signed by the colleague and received by the manager, you will click ‘Contract signed and agreed’ in the Desktop and HRSS will update the colleague’s file

Complete the rota form found on the Change site on WalmartOne and issue it to the colleague.

2. Colleague is undecided If the colleague is undecided, a new contract will be generated which will include the colleague’s Job Title and Job Family and new contracted hours,

rate of pay and role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information from the effective date. Use the Desktop User Guide found on the Change site for guidance of how to access the Desktop and instructions of how to generate

The People Desktop Process (Follow this process during or at the end of each one-to-one meeting)

Consultation Process – Initial One-to-One Consultation Meeting

The Process

Invite colleague to Initial one-to-one

Check the below points with the colleague: Did they understand the collective consultation process and the points raised?

Have they visited Our New Asda Contract tile on WalmartOne and read the minutes posted?

Have they any questions?

Use the Invite to Initial One-to-One Consultation letter found on the Change site

Discuss key changes

Explain the One-to-One Consultation Process (meeting to discuss the changes, how the colleague will be affected, usually up to 3

meetings etc)

Refer to FAQs on the Change site on Walmartone

Refer to the Key Points of Change in this document.

If the colleague answers No to any of the questions asked, direct them to the Our New Asda Contract tile on WalmartOne

Confirm the number of hours the colleague will be contracted to as a result of the removalof paid breaks

Confirm the new rate of pay Discuss that colleagues can be asked to work all and any Bank Holidays, if required. As a trial, for 2020 non Festive Bank Holidays,

the Bank Holiday guidance will say that colleagues may be asked to work a maximum of three out of the five 2020 non-Festive Bank Holidays. This way of working trial guidance will be reviewed in September 2020 with the colleague forums, and may be altered at that time

Colleagues may need to check their own personal situations to see what, if any, impact this may have on them. For example if they are in receipt of Universal Credit, student loan etc

Discuss if applicable whether the colleague will receive a transitional payment using the colleague s summary form (this will have been delivered by Courier to stores on Thursday 20th June). A photo copy will need to be made if the colleague wishes to take the form away

If the colleague previously transferred from another employer under the TUPE provision, check that the colleague understands their old terms and conditions will not continue with the exception of their sick pay and explain they will have their sick pay provision protected for a period of 18 months. After the protection period ceases, the colleagues will move onto the company sick pay dependent on

their length of service in line with the colleague handbook Ensure the colleague understands the changes around breaks and what this will mean for them.

Ensure the colleague understands what we mean by flexibility i.e. giving the colleague 4 weeks notice if we require them to work different rotas/shift patterns or days in another department or on different days of the week in the store. Explain that this is NOT currently about exploring the colleague s individual circumstances and flexibility. Explain if we were to give notice of a change, we would first discuss individual circumstances at that

time to ensure we understood their flexibility and would make sure any requirement to change is reasonable. Confirm the number of holidays the colleague will receive, explain that Top Up holiday hours will cease and be replaced by a

set number of days for the colleague to book. Discuss any other relevant points or any points raised by the colleague

If the colleague has Protected Life Insurance confirm there will be no change to their benefit and that they should have received a letter from the Pensions Team.

Holiday Entitlement: Up to 20 years

service 28 days holiday

20 to 25 years service 29 days holiday

Over 25 years service 30 days holiday

Give the colleague the opportunity to ask any questions they may have using the FAQ s to help answer. Also direct the colleague to Our New

Asda Contract tile on WalmartOne

During or after the one-to-one has concluded, record the

outcome using the Desktop

Use Initial One-to-One proforma to make notes of meeting

Use Colleague transitional summary form

Next Steps: Refer to The People Desktop Process Flow Chart to record the outcome

Colleague can request to be accompanied during One-to-One.

If the chosen colleague is not available, the meeting should not be held up

Ensure that the colleague signs all Proforma notes

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the new contract. The colleague should then take this contract away to review. You should hold further one-to-one meetings with them in line with the one-to-one windows, to review their decision.

3. Declined new Terms and conditions (Our Asda Contract) If the colleague has declined the new terms and conditions, a new contract will be generated which will include the colleague’s Job Title and Job Family

and new contracted hours, rate of pay and role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information from the effective date. Use the Desktop User Guide found on the Change site for guidance of how to access the Desktop and instructions of how to generate the new contract. The colleague should then take this contract away to review. You should hold further one-to-one meetings with them in line with the one-to-one windows, to review their decision.

Further One-to-One Consultation Meeting - (Use Further One-to-One Pro-forma)

At further meetings recap the key points discussed at the initial meeting using the meeting notes taken at the initial one-to-one

Ask the colleague if they have any questions, do they understand the process and what happens next? Ensure the colleague understands the new T&C’s should they agree at this meeting to move onto the new contract

Offer more time if the colleague asks for it, e.g. to think more about the changes and how they’ll be impacted. Continue to have one-to-ones with the colleague during this time

At the end of the one-to-one follow the desktop process to record the meeting (Refer to the People Desktop Process & the Desktop User guide).

Consultation Process – The People Desktop Process

The Process

Upon completion of each one-to-one record the outcome using one of the three options on the desktop.

Accepted new terms and conditions (Our Asda Contract)

Refer to the Desktop User Guidance found on the Change site on WalmartOne

Declined new Terms and conditions (our Asda Contract)

Accepted Undecided Declined

To be followed during or at the end of each meeting

If the colleague decides at this point to accept the new terms and conditions and wants to move onto Contract 6 from the next pay cycle, a new contract can be generated which will include the colleague s Job Title and

Job Family and new contracted hours, rate of pay and role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information from the effective date. Use the Desktop User guide found

on the Change site for guidance of how to access the Desktop and instructions of how to generate the new contract Make it clear to the colleague that they won t receive the new rate of £9 per hour until the new contract goes live in

November If the colleague decides at this point to move onto the new contract from November, a new contract can be generated

which will include the colleague's new contracted hours by accessing the Desktop and inputting the required information. Once the contract has been signed by the colleague and received by the manager, you will click Contract

signed and agreed in the Desktop and HRSS will update the colleague s file

Complete the rota form found on the Change site on WalmartOne and issue it to the colleague.

If the colleague is undecided, a new contract will be generated which will include the colleague s Job Title and Job Family and new contracted hours, rate of pay and

role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information from the effective date.

Use the Desktop User Guide found on the Change site for guidance of how to access the Desktop and instructions of how to generate the offer letter. The colleague should

then take this contract away to review. You should hold further one-to-one meetings with them in line with the one-to-one windows, to review their decision.

If the colleague has declined the new terms and conditions, a new contract will be generated which will include the colleague s Job Title and Job Family and

new contracted hours, rate of pay and role/location and night premiums. This is generated by accessing the People Desktop and inputting the required information

from the effective date. Use the Desktop User Guide found on the Change site for guidance of how to access the Desktop and instructions of how to generate the new contract. The colleague should then take this contract away to review. You should hold further

one-to-one meetings with them in line with the one-to-one windows, to review their decision.

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Page 6 of 8 Last Update: June 2019

Consultation Process – Further One-to-One Consultation Meetings

The Process

Invite colleague to further one-to-one Invite colleagues to

Further One-to-One consultations verbally

Recap key points discussed during the Initial one-to-one meeting using notes taken from the meeting

Ask the colleague if they have any questions? Do they understand the process and what happens next?

Ensure colleague understands the new T&C s if they agree to during this meeting to move onto the new contract

Has the colleague requested more time?

Yes No

Conclude the one-to-one and record the outcome using the

Desktop

Grant more time if colleague requests this. Continue to have one-to-one s with

the colleague during this extra time.

Use Further One-to-One proforma to make notes during the one-to-one

Next Steps: Refer to The People Desktop Process Flow Chart to record the outcome

Accepted new terms and conditions (Our Asda Contract)

Colleague is undecided

If the colleague is undecided, hold further one-to-one meetings with them in line with the one-to-one

windows which will be pre-populated on the Desktop.

Declined new Terms and conditions (our Asda Contract)

If the colleague answers No to any of the questions asked, direct them to the Our New Asda Contract tile on WalmartOne

Colleague can request to be accompanied during One-to-One.

If the chosen colleague is not available, the meeting should not be held up

Once the one-to-one has concluded, record the

outcome using the Desktop

Final One-to-One Consultation

Ensure that the colleague signs all Proforma notes

Final One-to-One Consultation Meeting – (Use Final One-to-One Pro-forma and use the Invite letter on the Change site to invite colleagues to this meeting)

As an outcome of this meeting may be dismissal, the colleague must have been invited to this meeting in writing using the Invite to Final One-to-One letter available on the Change site on WalmartOne

Colleagues must have had at least one, one-to-one meeting(s) which have been recorded on the Desktop

Offer the colleague the option to be accompanied at their final one-to-one meeting

The final one-to-one can be heard by the same manager who has conducted the previous meetings. For this meeting the People /Academy Manager MUST be present to

take notes

At the final one-to-one meeting recap the key points discussed at the previous meeting(s) using the proforma notes taken

Ask the colleague if they have any questions and whether they have decided to move onto the new contract

If the colleague agrees to accept the new terms and conditions during this meeting record the decision on the Desktop and issue the colleague with a new contract (refer

to the Desktop User guide) If the colleague declines the new terms and conditions, adjourn the meeting and explain to them that they will now be served 12 weeks’ notice and record it on the desktop.

During the adjournment the following two letters will need to be generated and issued to the colleague:

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Page 7 of 8 Last Update: June 2019

1. The new Our Asda Contract (generated from the Desktop – refer to the People Desktop Process and the Desktop User guide), and 2. The termination of employment letter found on the Change site on WalmartOne

Reconvene and confirm that the colleague will be served 12 weeks’ notice of termination of their employment under their existing terms and conditions and given an offer of

re-engagement under the new terms, to take immediate effect following the expiry of their notice period. Issue the colleague with the two letters

Remind the colleague that they can choose to move onto the new contract at any point during their notice period, they will just need to sign and return the new contract to yourself. This will need to be recorded onto the Desktop. Use the Desktop User guide

Remind the colleague if they choose not to move onto the new contract following expiry of their notice period their employment will cease on the date as per the 12 week

notice period

Inform the colleague that as the decision was taken to introduce the new Asda contract following a period of collective consultation there will not now be a separate appeal process.

Colleague must have had at least 1 previous one-to-one meeting prior to the final one-to-one meeting.

All meeting must have been recorded on the Desktop

The same manager that conducted the previous one-to-ones can conduct the final one-to-one

The People/Academy Manager must be present to take notes during this meeting

Offer the colleague the option to be accompanied by a representative during the final one-to-one

Recap the key points discussed at the previous meeting(s). Ask the colleague if they have any further questions?

Ask the colleague if they have made a decision?

Consultation Process – Final One-to-One Consultation Meeting

The Process

Use Final One-to-One Proforma to make notes throughout one-to-one.

Refer to the proforma notes taken at the previous meetings.

The new Our Asda Contract needs to be generated from the Desktop – Refer to the People Desktop Process and the Desktop User guide.

To generate the Termination of Employment letter use the template found on the Change site on WalmartOne.

Invite colleague to final one-to-one

Use the Invite to Final One-to-One Consultation letter found on the Change site on WalmartOne

Has the colleague decided to accept the new contract?

If the colleague agrees to accept the new terms and conditions during this meeting record the

decision on the Desktop and issue the colleague with a new contract (refer to the Desktop User

guide)

Adjourn the meeting and explain to the colleague that they will

now be served 12 weeks notice and record it on the Desktop

Yes No

During the adjournment the following two letters will need to be generated and issued to the colleague: 1. The new Our Asda Contract, and

2. The termination of employment letter

Reconvene and confirm that the colleague will be served 12 week s notice of termination of their employment under their

existing terms and conditions and given an offer of re-engagement under the new terms, to take immediate effect

following the expiry of their notice period. Issue the colleague with the two letters

Remind the colleague that they can choose to move onto the new contract at any point during their notice period, they will just need to sign and return the new contract to yourself. This will need to be recorded onto the Desktop. Use the Desktop User guide for guidance.

Remind the colleague if they choose not to move onto the new contract following expiry of their notice period their employment will cease on the date as per the 12 week notice period.

Ensure that the colleague signs all Proforma notes.

Inform the colleague that as the decision was taken to introduce the new Asda contract

following a period of collective consultation there will not now be a separate appeal process.

Useful Information

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Join now for protection, support and advice.Hand this form to your local GMB representative, or post it by simply writing ‘FREEPOST GMB’ on an envelope. You don’t need a stamp or any other address details. Questions? Email us at info@gmb.org.uk or visit our website: www.gmb.org.uk where you can also join instantly.

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GMB CONSULTATIVE BALLOT* ON CONTRACT 6

Not a memer? Join GMB now to have a saywww.gmb.org.uk/join or fill out the form overleaf

(*What’s a consultative ballot? This is where you vote in a union ballot, members officially let us know what you think of the proposals)

Background

Collective consultation with ASDA closed on Monday, 17th June. ASDA Executives took the decision to proceed with proposals to put all hourly paid employees on flexible contracts (Contract 6) – basically saying that instead of ‘Your Choice’ you would be getting ‘No Choice’ as Asda colleagues. GMB Union has opposed the imposition of the new Contract 6 since ASDA’s announcement on April 9th, and has called on ASDA to nego-tiate with us. Many thousands of ASDA colleagues can’t be flexible in the way ASDA demands and imposing a new contract won’t change colleagues’ childcare, caring, studying, family and other outside work commitments. GMB has won some improvements, which we don’t believe would have been forthcoming without union members and workplace reps making a stand and winning the arguments. Changes to the proposals we have won together: • Concessions on non-Festive Bank Holidays. The maximum number of non-festive bank holidays colleagues will have to work in 2020 will be 3 (this was 5 in the original proposal). This will be reviewed in September 2020.

• Break window changes. The unpaid break window will move by 10 minutes (minimise loss and maintain contracted hours)

• Scottish Bank Holiday. January 2nd will continue to be classed as a bank holiday in Scotland.

• Flexibility/Minimum notification. Will be 4 weeks rather than 3 weeks

• Security jobs. Security will be placed in its own job family.

• Transitional payments. Those who lose out will have 18 months of transitional payments. GMB Union Recommendation The concessions don’t go far enough. The new contract 6 is not a good deal for ASDA colleagues. • ASDA has not withdrawn the threat to impose the new contract

• The flexibility clause which requires colleagues to work at any time, any place, anywhere, has not altered.

• ASDA has not improved the hourly rate, given any guarantees about the rate for 2020 or agreed to sit down with GMB and negotiate next year’s pay.

• The night window proposal hasn’t changed.

• Some colleagues are still losing up to 8 paid holidays a year

• TUPE colleagues will lose their enhanced terms That's why GMB is recommending you reject ASDA’s proposals If members reject the company proposals we will be coming back to ask you what action you are prepared to take, up to and including industrial action. YOUR CHOICE, YOUR VOICE, YOUR SAY

iv)

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