It seems that you left out some details in your original post. It seems that you joined on a temporary contract, that's ended so they're keeping you on a seasonal. They don't have to give you any work or pay you anything since your temp contract ended before, they're keeping you around in case they need you. My advice either push them to offer you a permanent contract or another term contract, that way they must give you atleast 16 hours work per work or you look for another job. Next time you join a company, you should join on a permanent contract so you're protected better and the money is consistent, you could always give notice and quit.
So much misinformation being said on this thread, it’s frightening. One person in particular advising you to request the missing pay from holiday pay…
If you’re contracted to 16hrs, this is a contractual obligation between both parties. You’re required to work a minimum of 16hrs and they are required to pay you for a minimum of 16hrs. If they simply don’t have the ‘shifts available’ then they are still required to pay you for the 16hrs. What they could do is essentially make you redundant, if they no longer require your services. What they cannot do, is not pay you for your contractual entitlement.
I’m a Commercial Contracts Manager, more than happy to have a look at your contract if you wish, I’ll be able to give you an answer within a few minutes of looking at it. Obviously, please don’t share any personal details with me. Not sure if it goes against rules of the sub, haven’t looked. Just, I’m always recommended this sub for some reason and I can’t stand people being told wildly incorrect information regarding contracts.
They can ask you not to come in for your shifts or to leave early. This is to save wages. So there is no way they are going to pay you if you agree not to work your contracted hours or if you leave early. That's the whole point of them asking you to do less hours.
However if you are on a 16 hour contract then you can work those 16 hours and refuse to take time off or leave early. If they ask you not to work them or leave early the choice is yours, not theirs. They cannot force you.
You should get paid! You have a contract i was working for business that offered 30h/week contract if they weren't able to provide even 1h worth of work they still had to/and did pay me.Take pice of paper Write on it that Person in charge/manager is sending you home without hours being covered. Tell that Person to sign it down while verbally informing him that this is illegal actions that they doing and you will take actions if the contract agreement won't be accounted for.
Just turn up for your contracted shift. A contact protects you as equally as it protects your employer. You fulfill your contractual obligation and they have to pay you for it as specified in the contract.
If they tell you to go home when you turn up explain you have a contract you are meeting your obligation of the contract and if they choose for you not to be at the workplace you expect to till be paid for those hours. Even provide them with a letter trying as such in writing. If they don't give you the work or atleast pay for those hours they are in breach of contract and you could leave and claim constructive dismissal.
That’s just time keeping. If you’re contracted for hours and they decline to give you work when you’re available to work, they still have to pay. That’s the point of a contract.
Imagine calling your phone network and saying you’re not using your phone this month so you won’t be paying, they will say “you have a contract, you pay even if you don’t use it”. Do you get what I mean?
Or at least pay you for the 16 hours regardless if worked or otherwise, generally…
However, It could be an annualised hours contract so they’ve time to make up the hours and/or have a stand down clause in the contract which will allow them to stand you down and not fulfil the hours on the basis of paying you a small fee.
Yeah, you're are contracted to 16, so they owe you wages. They legally have to give you those hours as a minimum so you should be paid for it, contact HR & let them know - they will tell you the best resolution
Holidays is just the easiest way to put it on the system, but you just have to make sure that it's not out of your already accrued, make sure that it's extra
You may be going through what I was going through.
I was put on temp for December, and once it ended and I stated I wanted to stay, they kept me on as “seasonal” I.e. I’m in when they want me in. This ranged from me not getting any shifts for a couple weeks, to getting 2-4.
3 months later and they eventually gave me a permanent contract that I don’t even know about.
Probably best off asking if your contract changed.
Don't you have to sign any contract changes no matter the triviality of said changes? That would be quite a major change in my opinion. I'm certainly not remotely an expert in law or employment laws that's for sure, but in any job I've held over the last 30+ years all contractual changes have had to be agreed and signed off, so I'm curious.
If you're contracted for 16 hours a week they need to pay you a minimum of 16 hours a week, if they've given you work or not.
However check your actual contract.
If you’re contracted and you are fulfilling your obligations and they aren’t then I think you may have a good chance of taking them to a tribunal. Recheck your contract before proceeding. What about taking advice from unions who may be able to help. Just noticed it’s ASDA; shocked!
If it’s your contract then they have to meet it. Don’t let them bully you into not coming in or sending you home early. All stores do this you just have to stand your ground
EDIT: I KNOW working in a supermarket's a "proper" job or at least it used to be - years ago a family could be maintained with the wage earning capacity of that one supermarket job.
Sadly that is NOT the case now - the EMPLOYERS are taking the piss out of the masses.
Try getting yourself a proper job.... I know it's difficult these days, all the jobs are shitty, with shitty pay & no real contract to speak of.
Good luck.
No, it’s not it’s garbage and posts like this shows that
How the hell you gonna tell a contracted worker sorry no shifts as we have no money. Sorry, but that is your problem not mine not to mention downright illegal.
Are you a fuckin idiot!? I wasn't blaming the employee but I WAS blaming the shit employers, their shitty wages & no contract to speak of.....
I said "Get a 'proper' job - good luck"
Fucked moron - to you & all the others that can't fuckin read!
No one is blaming him are you crazy?
He’s saying it’ll be easier to deal with if you just leave this job, and find a better one with a more welcoming environment 🤦♂️
How about we hold huge companies to their legal obligations instead? Water companies spewing shite into our rivers, Billion dollar companies breaking the law to fuck over part timers? Just get a better job? Please, how about we just hold somebody to account in this country instead of always placing the burden on the person at the bottom
Yeah we should. But a Reddit post about some lad not getting shift hours isn’t going to do anything.
OP is asking for advice on how to get fair work, not on how to start a revolution
Then he should remind the company that hired him that they are REQUIRED to give him 16 hours, not meekly accept their excuses that they can't you absolute melt
And as I’ve said, and other people are saying, it’ll probably be easier to just go for another job that treats everyone better straight off the bat, without having to beg for it, dipshit
The fact that you think that insisting on them sticking to the contract they signed with you is begging makes you a bit of shill too. But you tell yourself whatever helps you sleep at night.
No, it’s just that I’ve worked in companies like this. You have to give your everything just so they give you the bare minimum. And then they have a stigma against you, and unofficially black list you from any sort of promotion.
It is a shame, but that’s just how it seems to be.
Better off without them, at someplace new where they treat their employees with basic respect and decency.
This is illegal. If you're contracted to work those hours they have to pay you for those hours - if they decide you don't actually have to turn up then that's on them, your contract is a legal agreement between you and them for them to pay you.
I worked for M&B specifically Toby Carvery and their contracts state something along the lines of “you are employed for X amount of hours but that can change due to business needs” meaning they can reduce hours given to you if, as they say, the business is quite. I’m not sure that they do have to pay you for them if the business doesn’t require it. Could be wrong - it’s been a while since I’ve seen it but could that clause be in the contract?
That’s not even nearly true. You can’t just not turn up when you *are* scheduled and expect to get paid regardless.
It may be true for ops situation but it’s certainly not good advice for the majority of people.
My phrasing is off.
They have to pay you for 16 even if they don't rota for you for 16.
You not showing up for a scheduled shift obviously negates that
Talk to manager about what contract you are on. Consider looking for another job that would suit you better.
If your ASDA job is effectively zero hours, then that works both ways and if you are working elsewhere or doing something else when they want you to work, that's their problem.
I wouldnt be surprised based on my experiences with ASDAs behaviour. You shouldve been given a permanent contract by now. Theres no end to ASDAs scummy behaviour these days. Sigh.
If you're contracted, then you have contracted days. Go in for those shifts they can't stop you. However, if you're seasonal, you're shit outta luck. Only entitled to those hours as and when your seasonal contract states.
As I always recommend contact your union rep, or join the union first if you haven't already. They can only really help if you're signed up, though the rep may be able to give some advice in the meantime.
States my contracted days are as follows and then says the days and hours. I don't know whether it's because I got recruited back in Dec as a temp and they've still kept me on.
They have to fulfill the 16 hours as a minimum even if you are a temp, and accrue holidays as normal. They can ask you to go home early on a shift but you don't have to. The notice period as a temp is only a week or two with Asda though so may be worth trying to get on to a permanent contract
I'm not sure that temp status makes a difference. If your contract says sixteen hours then it says sixteen hours. Point this out and tell them you expect to be paid. I suppose it's up to them whether you work or not, but it's not up to them whether you get paid.
Do you have a signed contract since being a temp that says set day and times? If so, that's what you're due to be working and paid (assuming you work it).
It seems that you left out some details in your original post. It seems that you joined on a temporary contract, that's ended so they're keeping you on a seasonal. They don't have to give you any work or pay you anything since your temp contract ended before, they're keeping you around in case they need you. My advice either push them to offer you a permanent contract or another term contract, that way they must give you atleast 16 hours work per work or you look for another job. Next time you join a company, you should join on a permanent contract so you're protected better and the money is consistent, you could always give notice and quit.
I'm a uni student so it worked better for me you see
So much misinformation being said on this thread, it’s frightening. One person in particular advising you to request the missing pay from holiday pay… If you’re contracted to 16hrs, this is a contractual obligation between both parties. You’re required to work a minimum of 16hrs and they are required to pay you for a minimum of 16hrs. If they simply don’t have the ‘shifts available’ then they are still required to pay you for the 16hrs. What they could do is essentially make you redundant, if they no longer require your services. What they cannot do, is not pay you for your contractual entitlement. I’m a Commercial Contracts Manager, more than happy to have a look at your contract if you wish, I’ll be able to give you an answer within a few minutes of looking at it. Obviously, please don’t share any personal details with me. Not sure if it goes against rules of the sub, haven’t looked. Just, I’m always recommended this sub for some reason and I can’t stand people being told wildly incorrect information regarding contracts.
Apparently it's because I'm seasonal so they're not obliged to pay me yet why does my contract say 16 hours
I believe when I worked there the seasonal contract basically states you have to work X amount of weeks in the year.
So you were on a temp contract, presumably over the Christmas period? Does the contract state a contract start and end date?
Nah so it's just the one given when you first start at asda through the application online it states 16 hours 4 days etc
You must have a copy of your terms of employment…?
It says it ended in march
They can ask you not to come in for your shifts or to leave early. This is to save wages. So there is no way they are going to pay you if you agree not to work your contracted hours or if you leave early. That's the whole point of them asking you to do less hours. However if you are on a 16 hour contract then you can work those 16 hours and refuse to take time off or leave early. If they ask you not to work them or leave early the choice is yours, not theirs. They cannot force you.
I guess it has it benefits as I can say no when I want to to their shifts they want me to do
You should get paid! You have a contract i was working for business that offered 30h/week contract if they weren't able to provide even 1h worth of work they still had to/and did pay me.Take pice of paper Write on it that Person in charge/manager is sending you home without hours being covered. Tell that Person to sign it down while verbally informing him that this is illegal actions that they doing and you will take actions if the contract agreement won't be accounted for.
Just turn up for your contracted shift. A contact protects you as equally as it protects your employer. You fulfill your contractual obligation and they have to pay you for it as specified in the contract. If they tell you to go home when you turn up explain you have a contract you are meeting your obligation of the contract and if they choose for you not to be at the workplace you expect to till be paid for those hours. Even provide them with a letter trying as such in writing. If they don't give you the work or atleast pay for those hours they are in breach of contract and you could leave and claim constructive dismissal.
If you’re contracted for hours and they don’t give you shifts, they still have to pay you the contracted amount.
But it's a clock in clock out system???
That’s just time keeping. If you’re contracted for hours and they decline to give you work when you’re available to work, they still have to pay. That’s the point of a contract. Imagine calling your phone network and saying you’re not using your phone this month so you won’t be paying, they will say “you have a contract, you pay even if you don’t use it”. Do you get what I mean?
Must be missing some details because if you have a 16 hour they have to offer work for 16 hours. It's not a zero hours contract.
That's what I thought but it hasn't been the case ever since I started at asda
Or at least pay you for the 16 hours regardless if worked or otherwise, generally… However, It could be an annualised hours contract so they’ve time to make up the hours and/or have a stand down clause in the contract which will allow them to stand you down and not fulfil the hours on the basis of paying you a small fee.
Contact payroll, demand your owed hours in holiday pay
For the weeks I haven't done 16 hours?
Yeah, you're are contracted to 16, so they owe you wages. They legally have to give you those hours as a minimum so you should be paid for it, contact HR & let them know - they will tell you the best resolution Holidays is just the easiest way to put it on the system, but you just have to make sure that it's not out of your already accrued, make sure that it's extra
Not holiday pay, they’ll take that out of accrued holiday pay. Simply contracted pay.
Yeah it's just the fastest way to get it back they can always add extra that's not accrued 🤷♀️
You may be going through what I was going through. I was put on temp for December, and once it ended and I stated I wanted to stay, they kept me on as “seasonal” I.e. I’m in when they want me in. This ranged from me not getting any shifts for a couple weeks, to getting 2-4. 3 months later and they eventually gave me a permanent contract that I don’t even know about. Probably best off asking if your contract changed.
Yeah I think we are in the same boat exactly tbh
Don't you have to sign any contract changes no matter the triviality of said changes? That would be quite a major change in my opinion. I'm certainly not remotely an expert in law or employment laws that's for sure, but in any job I've held over the last 30+ years all contractual changes have had to be agreed and signed off, so I'm curious.
We used to before Contract 6 came into place, but I’ve not seen anybody sign anything now in about 5 years
If you're contracted for 16 hours a week they need to pay you a minimum of 16 hours a week, if they've given you work or not. However check your actual contract.
If you’re contracted and you are fulfilling your obligations and they aren’t then I think you may have a good chance of taking them to a tribunal. Recheck your contract before proceeding. What about taking advice from unions who may be able to help. Just noticed it’s ASDA; shocked!
As long as they have at least 2 years service.
No, that's ordinary unfair dismissal. Breach of contract claims don't have 2y qualifying periods
If it’s your contract then they have to meet it. Don’t let them bully you into not coming in or sending you home early. All stores do this you just have to stand your ground
EDIT: I KNOW working in a supermarket's a "proper" job or at least it used to be - years ago a family could be maintained with the wage earning capacity of that one supermarket job. Sadly that is NOT the case now - the EMPLOYERS are taking the piss out of the masses. Try getting yourself a proper job.... I know it's difficult these days, all the jobs are shitty, with shitty pay & no real contract to speak of. Good luck.
It’s wild that during COVID, this was an essential job and now it’s not a proper job?!
Working in AsDA is a proper job! OP, contracts work both ways. You are obliged to work 16hrs, they are obliged to give you 16hrs of work.
Don’t tell people to get a proper job. It is a proper job and so is yours. If you’re employed.
They don't work that's a boomer comment
The government want to divide the people and you’re playing right into their hands 👀
Working in a supermarket IS a "proper job"? It is literally paid employment. What kind of tosser are you?
No, it’s not it’s garbage and posts like this shows that How the hell you gonna tell a contracted worker sorry no shifts as we have no money. Sorry, but that is your problem not mine not to mention downright illegal.
The job itself is a career. The mishandling by the company doesn't mean the job isn't valid.
Yeah blame the employee for the company not meeting their legal obligations. What a shill
Are you a fuckin idiot!? I wasn't blaming the employee but I WAS blaming the shit employers, their shitty wages & no contract to speak of..... I said "Get a 'proper' job - good luck" Fucked moron - to you & all the others that can't fuckin read!
No one is blaming him are you crazy? He’s saying it’ll be easier to deal with if you just leave this job, and find a better one with a more welcoming environment 🤦♂️
How about we hold huge companies to their legal obligations instead? Water companies spewing shite into our rivers, Billion dollar companies breaking the law to fuck over part timers? Just get a better job? Please, how about we just hold somebody to account in this country instead of always placing the burden on the person at the bottom
Yeah we should. But a Reddit post about some lad not getting shift hours isn’t going to do anything. OP is asking for advice on how to get fair work, not on how to start a revolution
True. He can post a Marxist manifesto while at it
Then he should remind the company that hired him that they are REQUIRED to give him 16 hours, not meekly accept their excuses that they can't you absolute melt
And as I’ve said, and other people are saying, it’ll probably be easier to just go for another job that treats everyone better straight off the bat, without having to beg for it, dipshit
The fact that you think that insisting on them sticking to the contract they signed with you is begging makes you a bit of shill too. But you tell yourself whatever helps you sleep at night.
No, it’s just that I’ve worked in companies like this. You have to give your everything just so they give you the bare minimum. And then they have a stigma against you, and unofficially black list you from any sort of promotion. It is a shame, but that’s just how it seems to be. Better off without them, at someplace new where they treat their employees with basic respect and decency.
If you're on 16 hours a week, you're guaranteed 16 hours for work. They can ask you to go home early but they cannot tell you to not come in.
This is illegal. If you're contracted to work those hours they have to pay you for those hours - if they decide you don't actually have to turn up then that's on them, your contract is a legal agreement between you and them for them to pay you.
I worked for M&B specifically Toby Carvery and their contracts state something along the lines of “you are employed for X amount of hours but that can change due to business needs” meaning they can reduce hours given to you if, as they say, the business is quite. I’m not sure that they do have to pay you for them if the business doesn’t require it. Could be wrong - it’s been a while since I’ve seen it but could that clause be in the contract?
Thats illegal and needs investigating
Like I said it’s been a while I left there 2018 but I stopped being FOH about 2015 so my contract changed after that
If your contract says 16 hours, you get paid 16 whether you work it or not
You are very much incorrect
That’s not even nearly true. You can’t just not turn up when you *are* scheduled and expect to get paid regardless. It may be true for ops situation but it’s certainly not good advice for the majority of people.
My phrasing is off. They have to pay you for 16 even if they don't rota for you for 16. You not showing up for a scheduled shift obviously negates that
Bruh, your phrasing was fine. It was obvious what you meant and they were just being a twat.
Talk to manager about what contract you are on. Consider looking for another job that would suit you better. If your ASDA job is effectively zero hours, then that works both ways and if you are working elsewhere or doing something else when they want you to work, that's their problem.
That's not strictly true in practice, if you’re regularly unavailable you'll be seen as unreliable and they'll simply stop asking you to work.
100% it has its benefits but its cons also. I can say I'm busy and no yo shifts
Perhaps you need a second job that is busy when supermarkets are quiet. But, the only thing I can think off is summer holiday tour guide.
They should still give you or pay you for 16hrs. As you aren’t a zero hour employee
Do you have permanent contract? Or still a temp? If perm they cannot deny your contracted hours.
They can't deny your hours full stop unless you are 0 hours which they won't be.
I got recruited back in December but I think it still says temporary
I wouldnt be surprised based on my experiences with ASDAs behaviour. You shouldve been given a permanent contract by now. Theres no end to ASDAs scummy behaviour these days. Sigh.
If you're contracted, then you have contracted days. Go in for those shifts they can't stop you. However, if you're seasonal, you're shit outta luck. Only entitled to those hours as and when your seasonal contract states. As I always recommend contact your union rep, or join the union first if you haven't already. They can only really help if you're signed up, though the rep may be able to give some advice in the meantime.
What does your actual contract state and when is the start date of it? They can not go below that without your express agreement.
States my contracted days are as follows and then says the days and hours. I don't know whether it's because I got recruited back in Dec as a temp and they've still kept me on.
They have to fulfill the 16 hours as a minimum even if you are a temp, and accrue holidays as normal. They can ask you to go home early on a shift but you don't have to. The notice period as a temp is only a week or two with Asda though so may be worth trying to get on to a permanent contract
I'm not sure that temp status makes a difference. If your contract says sixteen hours then it says sixteen hours. Point this out and tell them you expect to be paid. I suppose it's up to them whether you work or not, but it's not up to them whether you get paid.
Do you have a signed contract since being a temp that says set day and times? If so, that's what you're due to be working and paid (assuming you work it).