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Therefore, whilst it is a useful decision and employers should re-visit their handbooks and contracts of employment, it is not a vehicle that can be used for wholesale changes to terms and conditions of employment.
GMB NEEDS MORE WORKPLACE REPS The GMB is currently looking for new GMB Shop Stewards, Health and Safety Representatives and Union Learner Representatives within ASDA Stores, ASDA Living Stores and ASDA Supermarkets. GMB Representatives are entitled to paid time off to attend meetings with other ASDA Representatives and training provided by the GMB. GMB Representatives play an important role in organising the GMB in their workplace, advising and representing members on work related issues and dealing with health and safety matters. If you are interested in putting yourself forward for one of these roles please contact GMB on 0345 337 7777 for further information. BEWARE OF FACEBOOK, TWITTER AND OTHER SOCIAL NETWORKING SITES GMB has seen an increase in disciplinary and dismissals as a result of social networking internet sites. Many of our members think that as their facebook and twitter accounts are personal, what they do with them has no affect on their employment. This is incorrect!
In Bateman and others v Asda Stores Ltd, the EAT upheld a tribunal decision that Asda was entitled to rely upon a statement in its employee handbook reserving the right to vary contractual terms in order to harmonise its pay structure, without the need to obtain the affected employees’ express consent. This decision is a useful one for employers who wish to make changes to their working practices to adapt to the ongoing economic problems in many sectors. A small proportion of Asda’s store staff were employed on an old pay structure and Asda wanted to amend their contracts of employment to bring them into line with the new pay structure adopted by the majority of their staff. Asda tried to ensure that all staff would not suffer a reduction in pay by moving to the new pay structure. It consulted with 18,000 affected staff and approximately half of these voluntarily agreed to the change.
All you need to do is speak to our Finance Department who can also be contacted on 0345 337 7777. If you have a Workplace Representative at your store they should be able to assist you with this. Or you can contact GMB on 0345 337 7777 to arrange a store visit where you can complete your direct debit details and transfer your GMB membership.
GMB advises all of its members not to discuss anything regarding your company, workplace or colleagues on any internet site. If your employer sees you have written anything regarding any of these you may be subject to disciplinary action. If the company believe your words to be of bringing the company into disrepute, your actions can be gross misconduct and lead to your dismissal.
Certain sections of the handbook were expressly incorporated into employees’ contracts of employment. These included terms about hours of work and pay. The employment tribunal said that introducing a new pay regime was a significant change affecting how much employees would be paid at particular times of the day and night. It concluded that pay is fundamental to the employment relationship and ordinarily an employer would need the express consent of those affected by the proposal before making the change. However, Asda had a contractual right to vary pay and working hours and this was “entirely unambiguous” and it was therefore entitled to rely on it to impose change. The employees appealed. The EAT rejected the appeal and upheld the conclusions reached by the tribunal.
Remember, social networking sites can be accessed by anyone and therefore be aware of what information you disclose. You can follow the GMB on Twitter - @gmbcampaigns ASDA BULLETINS Back Issues. Gujarati bhajan lyrics pdf gujarati.
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You can transfer to direct debit by completing an application form with your direct debit details on and sending it to GMB, Grove Hall, 60 College Grove Road, Wakefield WF1 3RN. Application forms should be available in your staff room. Or please call 0345 337 7777 and we will be happy to send one out to you. Alternatively, you can transfer to direct debit by telephone.
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The remainder refused, but Asda decided to impose the changes by relying on an express term in its staff handbook which reserved the right to “review, revise, amend or replace the content of the handbook, and introduce new policies to reflect the changing needs of the business and to comply with new legislation”. Approximately 700 staff brought claims, alleging amongst other things that Asda had made unauthorised deductions from their wages. Six test cases came before the employment tribunal.
Please click on the link to complete the short. TRANSFER YOUR MEMBERSHIP TO DIRECT DEBIT TODAY We encourage all GMB members to transfer their membership to direct debit. This prevents your membership from lapsing should there be any issues with pay. It also makes it easier for amendments to be made if you change your contracted hours or move workplaces.
PENSIONS QUESTIONNAIRE ASDA has launched a 60 day Pensions consultation which if implemented will close the Step Up Section Pension for hourly paid colleagues. Life Cover will also be reduced from 4x to 1x pay. GMB believes ASDA colleagues deserve better than the statutory minimum and death in service should be retained at 4x. We would like to know your views on ASDA Pensions.
The wording of the handbook was clear and stated that Asda was entitled to review and change the contracts of its employees without obtaining prior consent or consulting with the affected employees. That said, if Asda had not properly consulted, the employees may have argued that in imposing the change, Asda had damaged the relationship of mutual trust and confidence, entitling its employees to resign and claim constructive unfair dismissal. In this case, Asda tried to ensure that the staff affected by the change would not take home less money than they had done under the old pay structure. If their staff had been financially penalised, it is likely that this decision would have been decided differently, particularly if the employees alleged that it had damaged trust and confidence. Infragistics netadvantage 2012 serial.
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