Working hours Date: December 2015
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At Tesco we want to ensure that the hours you work are reasonable and that you work safely. We want you to have the choice of working more and being paid more if you are hourly paid, but this should be within some sensible limits. Likewise, if you are not hourly paid, you may need some guidance on how to manage your working time so that you have a balance between your work and home.
The regulations exclude certain categories of workers. One excluded category is workers who are able to manage their own working hours. Within Tesco, we classify the following as excluded from the regulations:
We operate in line with the Working Time Regulations although we have agreements with USDAW to modify, and in some cases not apply certain regulations.
This policy is subject to change from time to time so please ensure you are reading the most up-to-date version.
This policy applies to anyone who has a contract of employment with Tesco in the UK. If you are self-employed or employed by a contractor of ours, we are not responsible for making sure you comply with this policy, however we still encourage you to follow the principles. There are industry specific regulations about working hours which apply to transport workers that we do not cover in this policy. You will be classified as a transport worker if you are a light goods vehicle driver, Dotcom driver or chauffeur/ PA driver. You will not be categorised as a transport worker if you are a fork lift truck driver. If you would like more information please contact the policy team at [email protected]
Store, Distribution and Customer Fulfilment Centre Managers Colleagues who are Work Level 3 and above Children below school leaving age (if you are a child your exact hours must have been agreed by the local authority and a work permit must have been issued to you)
Although we don’t specify an absolute minimum or maximum number of hours that can be worked within one shift, we do give a guideline. For productivity, health and safety reasons and fairness to our colleagues, you shouldn’t normally be contracted to work longer than 12 hours or less than 2 hours in one shift. We do not encourage you to work your contracted hours over 6 days, however in certain circumstances this may be appropriate if agreed with your manager. Office If you’re a full time colleague in the office you will have a basic working week of 36 hours unless your contract of employment states otherwise. An example of the office 36 hour working week is as follows: Mon Tue Wed Thu Fri
The Working Time Regulations and the Protection of Young People at Work Regulations came into effect on 1 October 1998 in order to regulate working hours and protect the health and safety of workers. The regulations include the following:
A restriction of working hours to a maximum of 4 8 hours per week on average over a 17 week reference period Minimum rest break entitlements A minimum period of paid annual leave Special protection to night workers
These regulations apply to all workers over minimum school leaving age, however there are certain workers who are ‘excluded’ from the 48 hour working week restriction.
09:00 – 17:00 09:00 – 17:00 09:00 – 16:45 09:00 – 17:00 09:00 – 17:00
45 mins unpaid break 45 mins unpaid break 45 mins unpaid break 45 mins unpaid break 45 mins unpaid break
We work in a smart way in our Head Offices and this means that you can informally flex your working day around your role, the team and the business needs - this could mean starting and finishing work at different times on different days, changing from week to week, and working in the best way to meet your objectives, the needs of the team and your needs as an individual. Stores If you’re full time you’ll have a basic working week of 36.5 hours. You’ll agree your start and finish times at your interview. Distribution Centres If you are full time your basic working week will be 36.5 hours unless your contract states otherwise. If your basic
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working week is 36.5 hours, it will normally be averaged over 5 days, however there may be some limited occasions where the hours you work are spread over 6 days. You may be on an ‘annual hours’ contract which means that your annual hours will not be averaged out per week. This means that on some occasions you may work for 6 days continuously before taking a rest break.
Normal time spent travelling to work On call – time spent waiting for calls Overnight stays in hotels on Tesco business
Take a sensible approach to estimating your hours and the hours of any colleagues you manage. If you think your working patterns may be at risk of breaching the 48 hour weekly average you should contact your manager or People Function. If you need to provide an exact working calculation you should contact the policy team at [email protected]
No you don’t. However, you are expected to take a sensible approach to both your own hours and the hours of any colleagues who you manage, by ensuring that working patterns are not in breach of the regulations detailed in this policy. You should, in particular, ensure that you’re not regularly working over 48 hours per week unless you have ‘opted out’ of the regulations (for more detail on opting out, please refer to paragraph 6 below). If your working week is consistently in breach of the 48 hour maximum limit and you have not opted out, you must talk to your manager immediately to find ways of reducing your hours. This will enable us to monitor your hours more closely to ensure that you are not in breach of the regulation limits.
Young Workers If you are a colleague above school leaving age but under 18, you may not work more than 40 hours in any week. There is no provision for you to opt-out of the regulations or average out your hours over 52 weeks. In addition, as a young worker you can’t work more than eight paid hours on any day. Colleagues employer
You must make sure that your combined hours are on average no more than 48 hours per week. If you think they are more than this, you should sign an opt-out form.
Unless we think that, or you tell us that you may be in breach of the regulations, we will not actively record your working hours. However, we will keep any records we hold for at least 2 years.
The regulations state that working time must not exceed an average of 48 hours per week. We measure this average over 52 weeks which run from 1 April to 31 March. If you’re a new starter in your first year of employment, we measure your average over the number of weeks remaining until 31 March. Working time includes the following:
Working time spent at your normal place of work Any travel time over and above travelling to your normal place of work On call – time spent responding to calls Any work carried out at home provided your manager is aware and has agreed to this If you don’t have a fixed place of work (e.g. most Store Directors), travel from your home to your first appointment and travel from your last appointment back home
Yes you can, unless you are a young worker. Many of our colleagues regularly work overtime, which takes them over and above the 48 hour average working week. While we discourage excessive working hours we accept that you have the right to waive your rights to the 48 hour limit, provided you sign the attached opt-out agreement which confirms you understand the regulation and agree that it does not apply to you. If you sign an opt-out, you are only opting out of the 48 hour working week. You are not opting out of any other parts of the regulations (for example, minimum breaks). If you’re a manager, be sensitive about how you approach colleagues about signing opt-out agreements. Colleagues must not feel pressurised to sign an opt-out. If you decide to opt-out it is important that you do not risk your own or your colleagues’ health or safety by working excessively long hours. If you elect to opt-out of the 48 hour limit, we will still impose on you a maximum working week of 60 hours. Under no circumstances are you allowed to work in excess of 60 hours per week. Can I opt back in?
Working time does not include:
Breaks of any kind
Yes, if you’ve opted out of the 48 hour working week you can ‘opt back in’ by giving your manager notice in writing, Internal, Working Time Version 1, December 2015 – page 4
using the attached opt-in form. We will make every effort to make this change to your rota within 4 weeks, although can take up to 13 weeks if there is a business need for us to do this.
is unable to continue working nights, you must ensure that you consider the Equality Act. This may involve making some reasonable adjustments. Speak to your People Manager for more guidance as necessary.
If you’re a manager, the maximum working week of 60 hours applies to you too. We care about your health and safety and working in excess of 60 hours a week puts you and other people at risk. If you regularly work more than 60 hours per week you must talk to your manager and discuss how your working hours can be managed better.
Ongoing health assessments are voluntary. If you manage colleagues who work nights, ensure that they’re aware of their entitlement to health assessments and how to find the form.
Night is the period between 11pm and 6am and there are several additional protections for night workers. You’ll fall within these protections if you normally work for 3 hours or more between 11pm and 6am. While the odd night shift will not make you a night worker, if you have a regular pattern of working nights (one week on days followed by one week on nights, for example) then you will be classed as a night worker. There are four regulations covering night workers in addition to the standard regulations: 1. 2. 3.
You’ll work an eight hour nightly shift average (over a 52 week reference period) We will keep records of your actual hours worked Any jobs which are especially hazardous, or involve heavy physical work or particular mental strain will be restricted to fixed eight hour shifts, and cannot be averaged out over the 52 week reference period You’re entitled to a free yearly health assessment
Young workers (under the age of 18) must not work after 11pm, or before 6am. If you’re a young worker and work between 10pm and 11pm your contract must specifically state this and you will not be able to start work before 7am on any day in that week.
You’re entitled to breaks while you’re at work, time off between shifts and days off. We can’t make you work during any of the statutory rest periods. Although you can choose not to take your rest periods, we will make sure that you have at least two days off over a two week period. Please remember that although you can choose to work through a rest period or break, you have a responsibility to take a sensible approach to your working hours and not to risk your own or others’ health or safety. If you’re a manager you must ensure that colleagues are not under pressure to work through their breaks. The legal minimum rest periods you are entitled to are:
A minimum break of 20 minutes for every 6 hours worked A minimum of 1 day off per week or 2 days off over a two week period A minimum of 11 hours uninterrupted rest per day – we have agreed with USDAW to reduce this to a minimum of 8 hours per day, where the business requires, however compensatory rest for the additional 3 hours must be given within 4 weeks.
We’ve agreed with USDAW that the first three regulations above will not apply to you because the nature of our business doesn’t require these levels of protection. We do still have an obligation to keep records of who our night workers are so it is essential that colleagues be placed on the right job code and correct payroll department, to ensure they are easily identifiable.
The fourth regulation still applies, as follows:
Rest breaks (unpaid) for store colleagues will be within the following ranges, as agreed between you and your line manager:
Free Health Assessment If you are a new starter working nights or a colleague transferring to working nights you’ll have an initial health assessment. You’re also then entitled to a free health assessment on an ongoing basis every year. Please refer to the attached Night Worker Health Assessment Process for more detailed information on how to get a health assessment. If you are no longer able to work nights, for example due to a medical condition, we will try to transfer you to a position on days. Your pay will then change to that of colleagues on day shifts. If you manage a colleague who
Young workers: 4 – 4 ¼ hour shift 4.5 – 5 ¾ hour shift 6 – 7 ¾ hours shift 8 – 9 hour shift
15 min break 30 min continuous break 30 – 60 min break (either continuous or split) 45 min break (continuous or split 1 x 30 and 1 x 15)
Adult colleagues: Less than 4 hour shift 4 – 5 ¾ hour shift 6 – 7 ¾ hour shift
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No break entitlement 15 min break 30 – 60 min break (either
8 – 8 ¾ hour shift 9 – 11 ¾ hour shift
continuous or split) 45 – 90 min break (either continuous or split) 90 min break (either continuous or split 1 x 30 or 2 x 15 min and 1 hour
Remember, transport workers are covered by industry specific guidelines (http://www.legislation.gov.uk/uksi/2005/639/pdfs/uksi_20 050639_en.pdf) – please contact the policy team at [email protected]
if you need any more information. Young Workers Young workers have different rules and there is a checklist for managers to use attached. If you’re a manager, remind a young worker of their entitlements and ask them to sign the document. If you are a young worker you are entitled to the following:
A 30 minute break for every 4.5 hours worked A weekly rest period of 48 hours in each 7 day period – this should be continuous if possible (days off for young workers can’t be averaged over 14 days as they can with adults) Daily rest of 12 consecutive hours
The working week begins at the start of the first shift worked on or after a Sunday.
Your statutory paid minimum holiday entitlement is 5.6 weeks per year (pro-rata) or 28 days including bank holidays.
maternity, adoption or shared parental leave or long term sick leave and therefore are not able to take all of your holiday entitlement, we will also pay you in-lieu at the end of the holiday year. However, if you want to carry it over to the new holiday year, please let your manager know. Notice to take up leave You need to give a minimum of four weeks’ notice in writing to take holiday, although if your manager agrees to your leave you don’t need to. We may refuse this request if your leave cannot be accommodated. If we decide to refuse your request we will do so within 7 days of your notice. This is to allow for situations where other colleagues have already given notice to take leave at the same time. We may also give you notice of when you must take leave, provided we give you a minimum of 4 weeks’ advance notice. We may for example want to use this approach to allocate leave which has not been booked, where there is a limited period for you to take leave. Please ensure that you talk to your manager well before the end of the holiday year to make sure all of your holiday entitlement can be planned in. Gross Misconduct Paid annual leave is a statutory right under the regulations, and it is unlawful for us to withhold holiday pay for statutory annual leave, even in the case of gross misconduct.
Holiday Policy Disability Discrimination – 1.3 Children and Young Workers – 1.10
Statutory leave must be taken and cannot be paid in-lieu or carried over into the next holiday year. The Tesco holiday year runs from 1 April to 31 March. Payment in lieu If you leave during the holiday year you can be paid inlieu for any holiday which has not been taken (pro-rata what you have earned to date). If you have been on
Working Time Calculation Voluntary Opt-out form Voluntary Opt Back In form Young worker checklist Night worker health assessment documentation
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This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested.
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