GMB@ASDA AUGUST

NEWSLETTER 2010

EAT rules Asda can vary employment contracts unilaterally

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

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

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

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

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

However can ASDA impose the changes?

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

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

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

Health and safety equipment that asda should provide free of charge.
Your own, personal Hi vis vest whatever department you work on to wear in the designated areas.
Your personal Hi Vis jacket if you work in the warehouse, fridges, freezers, petrol station , home shopping, car parks.
Safety Shoes if you are a baker, warehouse colleague, car park colleague, home shopping driver.
Thermal gloves, hats and underwear if you work in cold areas or are cold in your workplace.
Pressure mats at the checkout areas
Knee pads if you are a stock replenisher.

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


We’re
always on
the case
Dress standards
We are increasingly being contacted by colleagues/members who
feel that they have been unfairly treated regarding dress
standards in ASDA stores. These complaints have been about
unfair treatment regarding hair colour and hair style,
Do you feel that you are unfairly treated because you have been
asked to change your hair colour or hair style?
Or have you been unfairly treated on any other parts of the dress
standards? ie tattoos, makeup, shoes, etc.If so contact:-
Micky Hopper
tel 0191 514 2634
e-mail micky.hopper@gmb.org.uk
Elizabeth Jeffrey
tel 07812487192
e-mail www.gmbnorthcumbria @gmail.com
Roles of section leaders
Section leaders are hourly paid colleagues therefore their
roles are limited in the Grievance and Disciplinary
procedure.
At the moment section leaders can council colleagues,
carry out the return to work interviews in a welfare
capacity and only if the colleague is on green or amber in
the absence ratings.
The Section Leader can suspend or send someone home but
only if there is no other management in store.
The GMB are raising concerns about section
leaders being involved in these roles.
Off sick!
When you are off sick you cannot be forced to
take your holidays. If the company is
forcing you to come off sick pay to take your
holidays please inform your GMB
Representative.
The only time that the company will take you off sick pay to
take holidays is if you are on sick leave at the end of the
holiday year. (usually at the beginning of March). This is so
that you do not lose out on your holiday payments for the
year. After you have used your holiday entitlement the
company with then put you back on to sick leave pay.
Fit Notes Upate
Q When a Fit Note has a specific end date on it,
on what actual date can the employee be
expected to return to work?
A The Department of Work and Pensions
has confirmed that the period of absence
stated on the Fit Note is up to and
including the end date therefore the
employee would return to work the
following day.
The Pay Award
The GMB is circulating a survey to all
members in ASDA asking your opinion on
the pay and conditions and if you feel that
the consultation process in ASDA is fair
and reasonable.
If you are a GMB member you should receive this survey
through the post’ If you have not received a survey please
contact your GMB Representative or your GMB Officer
and a copy will be sent to you.
Please ensure that you fill in this opinion survey and
return to GMB Freepost WC2268 London, SW19 4YY.
Your opinion does matter and will be raised with ASDA
House management.
Asda creates 400 jobs at new hub for
ASDA opened a huge delivery warehouse in
Enfield on Monday 23rd August, creating
about 400 new jobs as it expands its online
delivery service.
The 93,000 sq ft Home Shopping Centre in Southbury
Road, Enfield, will ship food and other goods to customers
who order their shopping online across north London.
More than 150 van drivers, including 15 women, will be on
hand to deliver goods to customers throughout the day.
Asda’s supply director for new business, Graeme Douglas,
said: “We have had a huge number of applicants for the
new jobs and the people at the Job Centre have told us that
unemployment in Enfield is above the national average, so
we are bringing lots of jobs to an area where it is needed.
“We have 30 vans operational but that will go up to 50 in a
few weeks and we have the capacity for up to 100 vans.”
Opening up the centre, which is only the second in the
country, is part of Asda’s plan to increase its business in the
capital. “Getting sites in London isn’t easy and this is
another way of serving customers,” Mr Douglas added.
The site, which was previously a warehouse for the
removals firm Pickfords, was chosen because of its
convenient transport links to the rest of north London.
http://www.northlondon-today.co.uk
 Employees want flexible working even Asda to offload Netto stores
more than performance-related
bonuses Following Asda's acquisition of
discount retailer's UK operations,
Flexible working is the most valued benefit Office of Fair Trading rules that
for employees, ahead of employee benefits it must offload 30 outlets
such as bonuses, according to
PricewaterhouseCoopers. Walmart-owned retail group Asda has put 30
of its recently acquired Netto discount stores
Flexible working arrangements were rated the up for sale, following a ruling from
most important benefit by 47% of those surveyed, above the UKOffice of Fair Trading.
performance-related bonuses, which came second (19%). In May, Asda announced it had
reached a deal with Dansk
Flexible working was given equal priority by men and women, with 41% Supermarket A/S to purchase the
and 54% respectively ranking this benefit the most valuable. And a UK arm of its Netto Foodstores discount chain
better work-life balance was seen as more achievable in the long term for £778m (€914m) on a cash and debt free
by 42% respondents than vastly increased responsibility and salary basis.
(39%). However, the Office of Fair Trading has now
asked the retailer to dispose of part of its
Michael Rendell, head of human resource services at Pricewaterhouse- Netto portfolio in the country, which amounts
Coopers, said: "Two years of recession have changed people's attitude to 193 stores in total.
towards work. With companies mindful of taking on new employees, According to press reports in the UK,
existing staff have been expected to do more with less. Our survey indi- rival retailer Morrisons is thought to
be interested in securing the stores,
cates that employees may be feeling the pressure, with large numbers
as it looks to pushforward with its
hoping for a better work-life balance in the future, and half saying they
strategy of operating a greater
would rather work for themselves.
number of small stores.
"With bonuses unpredictable in uncertain economic conditions, employ-
ees are looking for broader benefits. www.fruitnet.com

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

working culture will be best placed to sustain morale If you have any complaints or
and retain top talent when the job market becomes compliments about this GMB newsletter
more buoyant." please contact
Ged Caig on 01228 521657 or Micky Hopper on
www.hrmagazine.co.uk 0191 233 3930
ASDA has no input in the contents of the GMB
Newsletters.

New boss admits supermarket's food isn't up to scratch

It was his first speech as Asda chief executive and an attempt to explain why sales have fallen.
But Andy Clarke is probably wishing he had kept his mouth shut after admitting that his supermarket's
food is not up to scratch.
Shoppers rounded on him after he scored a spectacular own goal confessing that fruit, vegetables, fish
and meat sold from his 377 stores is just not good enough.
His gaffe has been dubbed 'a Ratner moment' by some insiders, a reference to hapless jewellery boss
Gerald Ratner who called one of his products 'total crap'.
That business plummeted in value in 1991 after Mr Ratner also said his earrings were cheaper than an
Marks & Spencer prawn sandwich and 'probably wouldn't last as long'.
Mr Clarke said: 'Food quality is something Asda hadn't been as focused on in the past as it should have
been.

'Some of the things we were doing at the start of the year was not right for customers .
Last year at Christmas we talked about our Extra Special premium range, but hadn't done enough work on the product to allow
us the credibility to shout about it.
I'm very passionate about food values and food quality. It's something we haven't spent enough time talking about or working on.'
Mr Clarke, who started in May, was trying to explain falling sales over the past three months, when Asda lost market share to
rivals Sainsbury and Morrison.
www.dailymail.co.uk
Diary of an ASDA Shop Health and Safety Issues in ASDA
Steward (JULY)
Hi Vis Jackets and vests being shared by colleagues/managers/visitors
Colleagues working on counters, CSD, checkouts and greeters are cold
1. Monthly meeting with
and not provided with suitable clothing or PPE.
GSM/SPM
Colleague walkways blocked with stock .
2. Consulted with members whilst on facility time. Fire doors wedged open /Fire Exits Blocked/Fire extinguishers blocked
3. Created the August monthly Newsletter. No storage for PPE.
4. Represented colleagues in 1 to 1 interviews. Damaged roll cages, bread wheels and clothes rails coming in from
depots.
5. Attended LGBT Conference London
Insufficient /dirty /Broken ‘Daleks’ (kick stools)/step stools.
6. Assisted member for an accident claim. Untrained Colleagues left in charge of the Petrol station.
7. Attended Colleague Circle as GMB Rep. Colleagues not fire trained left alone in petrol station
8. Accompanied member in disciplinary hearing. Broken /unsafe check out/office chairs.
Colleagues / managers not wearing PPE in the designated areas.
Management not supplying personal PPE.
YOUR MEMBERSHIP DETAILS Lighting not sufficient in George clothing and H/L warehouse.
No safe systems of work in the warehouse.
Have you recently moved home? Blocked pedestrian walkways.
Have you got married and changed your surname ? Misuse of tetratainers.
Have you changed your phone number? First Aid trained colleagues not covering every shift.
Have you changed the amount of hours that you are Colleagues getting migraines/headaches because of
contracted? low lighting.
Please inform the GMB to ensure your membership Broken airport ladders not being put out of service.
details are correct. Hi Vis clothing not being laundered by management.
Knee pads for stock replenishers, not being provided.
High stacked, unsafe stock on pallets delivered from distribution.
Insufficient /broken pallet trucks for night shift workers.
Visit the GMB C15
Insufficient roll cages/flat bed trolleys for colleagues to move stock.
North PPE not being provided immediately when lost, stolen or damaged
Cumbria General Home shopping trolleys /POS trolleys not suitable for use.
Branch Home shopping vans being used when unfit for road.
Insufficient cage fronts so colleagues have to shrink wrap cages causing
Website them to get dizzy.
Loose stock on shelving over 2 metres high.
www.gmbnorthcumbria.blogspot.com Colleagues on counters working and cutting meat in dimly lit areas
Fire evacuation procedures not being adhered to.
Spot checks are not being carried out correctly.
Colleagues not being provided with anti fatigue matting.
I want my Home shopping vans not been cleaned inside and out.
Home shopping trolleys stored in fire corridors.
Shop Stew Intercom on checkouts broken.
ar d HAVE YOU GOT A HEALTH AND SAFETY ISSUE IN YOUR STORE WHICH
IS NOT BEING RESOLVED? TELL YOUR GMB REPRESENTATIVE

Branch Website www.gmbnorthcumbria.blogspot.com

Do you want to contact Elizabeth Jeffrey?
Speak to “Your points of contact” listed below.

Sandra Gavin Music and Video Victoria Hull Petrol

Jennifer Graham Cust. Restaurant Yvonne Mitchell George
Jennifer Davidson Counters Cheryl Henry Provisions
Michael McDowall W/H & security, nights Dawn Carruthers Checkouts
Michael James Warehouse Lesley Soresi Checkouts
Janet Cannon Availability Marie Dobson Checkouts
Laura Johnston Produce Norma Allen Checkouts
Fiona Hodgson Home and Leisure

Your GMB Shop Steward, Elizabeth Jeffrey, can be contacted on Mobile no.07812487192
or e.mail: gmbnorthcumbria@gmail.com