Bulletin No 7 November 2018
WILKO SEVEN DAY WORKING – COLLECTIVE CONSULTATION
Wilko has enacted changes to Sunday working in 42 retail stores. Wilko says 24 stores, 185 team members have been impacted by changes to deliveries and 18 stores, 204 team members have been impacted by other unspecified operational issues.
No other Wilko stores should be changing Sunday working arrangements. Your GMB rep and GMB regional organiser will have a list of the stores affected.
Throughout the consultation GMB Union has opposed the changes. GMB does not believe Wilko has the right to unilaterally rota Sunday working and then deduct the hours from Wilko team members who have already opted out.
If you have opted out of Sunday working and you’re now being rostered to work and having money deducted, you should contact your GMB rep and you may wish to lodge a grievance incorporating the wording below:
“The proposed changes to my contractual terms will mean that I will suffer a reduction in my pay which amounts to an unlawful deduction from my wages contrary to s.13 of the ERA 1996; my contract of employment does not provide for this change in shift patterns and I have the right to opt out of Sunday working. I believe your action amounts to a detriment within s.45 of the Employment Rights Act 1996.
I wish to formally register a protest and ask that the status quo applies whilst Wilko investigate my grievance.”
Sunday Opt Outs
Wilko are saying that where changes to Sunday working are being enacted because of changes to deliveries and there is no formal documentation to evidence a team member has opted out, then the team member will be expected to work Sundays and they will have to opt out again giving 3 months’ notice.
GMB believes if a team member has opted out and Wilko has not recorded this or lost the record then team members should not be penalised. Please contact your GMB rep or regional organiser for advice. You may wish to raise a grievance. Wilko should not be trying to make team members work Sundays, when they’ve already opted out.
GMB put forward that Wilko should pay an enhanced rate of pay for Sunday Working.
GMB argued that although we disagree with the implementation of the Sunday guidelines, Wilko could not rota and deduct more hours on a Sunday than the team member would normally work in the week. This has been amended.
GMB believes Wilko cannot unilaterally rota Sunday working and then deduct hours from team members who have already opted out. GMB believes this is a breach of contract and unlawful deduction of wages.
GMB NATIONAL OFFICER
Posted: 14th November 2018