It would depend if the shift payments are in their contracts or not, if it is then sorry they do not have to pay you, if not then you MAY have a case and you would be best seeing an employment lawyer as i suspect this case to be complicated. Without know more details, terms and conditions, working practice etc etc its impossible to give a more detailed answer.

Correct But again you can opt-out but your employer can not force you to have less than 11 hrs

You can opt-out of the WTD and that includes the night time workers.

Not legal but common practice regardless. The problem is proving it !!

Please remember an employer only needs reasonable suspicion that a gross misconduct has taken place. Employment law is not like criminal law where you need beyond reasonable doubt.

The NHS opt-out ends in 2009, NHS trusts have agreed to have a 58 hr week for all staff, however many are failing to meet this target. Only giving a 10 minute concessionary break in an 7.5 hr shift is not on at all Speak to your union rep asap.

This comes under Mobile workers in road transport. The 48 hr week is an Average of 48 hrs over 26 weeks or less by agreement with the workers, Breaks IE 45 mins per 4.5 hrs driving is NOT included towards the 48 hrs, so for example........you work Monday to Friday, you drive 10 hrs on Monday and Tuesday ( total 1.5 hrs break each day ) and weds to Friday you drive 9hrs a day ( total 45 mins break each day ) Total break time is 5.25 hrs, so you can work under the working time directive for a total of 53.25 hrs legally. Even this is further complicated by the fact of periods of availability, So you are waiting to unload and you have been told it will take 3 hrs before they start to unload you. Now this 3 hrs does NOT count towards the 48 hrs week. So now add the 3hrs to the 53.25 and you find yourself working 56.25 hrs. So in practice mobile workers can and still do work many more hours than the 48 hr week, in fact i will go as far as say that the majority work excessive hours, yet staying within the working time directive and the maximum hours allowed under the European drivers' hours rules. There is no law governing LGV drivers to a 5 day week, however new rules came into affect in April that require drivers to take a full 45 hr rest every 2 weeks.

The basic rights and protections that the Regulations provide are: A limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to). A limit of an average of 8 hours work in 24 which nightworkers can be required to work. A right for night workers to receive free health assessments. A right to 11 hours rest a day. A right to a day off each week. A right to an in-work rest break if the working day is longer than 6 hours. A right to 24 days paid leave per year. As the opt out is going through a negotiating process in Europe, the UK law remains unchanged on this point and workers are still able to opt-out of the weekly working time limits but this opt-out will be coming to an end in due course. Member States discussed a revised proposal from the European Commission at the Employment Council on 2 June. However there was no agreement on the proposals at this point.

Yes Extend it, it will show a willingness on your part to be fair.

Check your contract.................if there is nothing in there to stop you taking holidays while off sick then put a grievance letter in. There is NOTHING in employment law that stops you going on holiday while off sick. People please note..................a sick note is not a RIGHT to be off work, a company can dismiss you even if you have a sick note,its ONLY an explanation of the reason you are off work. The main thing to always remember if you are going to be off sick is.............. Always offer to do any work that you are able to do with your illness, it will protect you if the company were to discipline or dismiss you. For example you like the OP do manual labour and have a groin strain, is to ask the company if they can move you to light duties/office etc etc while you have the injury.Then if they say no, you can do as you wish, without the company having any come back on you.

110 % correct in this day of 24/7 shopping many many more people are contracted to work for single rate pay on bank holidays.

Its as i thought. You need to write a greavance letter, in the meeting point out that as you were sick and reciving SSP you can not possibly of used your holidays. You are entitled to 24 days paid holiday by law and while you fully except the 8 days lost due to the sickness, you do not except the other 12 days lost. Point out that if you do not get satisfactory result you will take the matter up outside of the company.

Yes Redundancy is a different ball game, You have here a dispute and unless his contract allows for ACAS etc to be involved in a dismissal ( highly unlikely ) then you will fall back on the Dismissal and Disciplinary Procedures DDP in Schedule 2 to the Employment Act 2002. And section 10 of the 1999 Act (right to be accompanied). Under the 99 act the following is stated 10 Right to be accompanied (1) This section applies where a worker— (a) is required or invited by his employer to attend a disciplinary or grievance hearing, and (b) reasonably requests to be accompanied at the hearing. (2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who— (a) is chosen by the worker and is within subsection (3), (b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and © is to be permitted to confer with the worker during the hearing. (3) A person is within this subsection if he is— (a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992, (b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or © another of the employer’s workers. (4) If— (a) a worker has a right under this section to be accompanied at a hearing, (b) his chosen companion will not be available at the time proposed for the hearing by the employer, and © the worker proposes an alternative time which satisfies subsection (5), the employer must postpone the hearing to the time proposed by the worker. (5) An alternative time must— (a) be reasonable, and (b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer. (6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer’s workers in accordance with a request under subsection (1)(b). As i said If the company are ok with it and ACAS is, then yes they can be there but as you see above, the only persons permitted to speak on behalf of the person is a trade union rep. Also as stated ACAS are not free, there is a cost involved if they attend a dispute. His best advice is to keep all the supporting documents to himself and present them at the meeting. Handing them in with the appeal letter only gives the company time to look into his arguments and counter them. It is always best in these sorts of cases to catch the company off guard so to speak and put them into a small panic and make them feel they best reinstate. All that is required at this time is a letter stating his wish to appeal.

Hi, You can not be sick and on holiday at the same time. Was you paid sick pay while off, were you paid any holiday pay while off, did you get sick and holiday for the same time? If its no to the holiday pay, put a grievance letter in, if its yes you did get sick and holiday for the same time then tell them you will be informing the DWP.

Sorry Ell-enn wasn`t meaning to undermine your advice but i think it was important to know this. They are used in Pay disputes strike risks etc by companies and unions, there is also a cost to use them which in most cases the company covers. Most collective agreements to resolve disputes will have the option the use ACAS but they are not used in this sort of dispute.

No one from ACAS can come to the meeting with him. The law is totally clear, he can invite a co worker or a union rep. Only a union rep can talk for him, a co worker can only witness the meeting.

If you can prove 100% that you gave the correct details then the company is at fault. You could claim any charges etc for late payment to them.

Hi paul, Please do keep us updated.Its a pity you do not live in my area,or i would offer to help more directly. All the very best you will win this. Phil

Hi paul, i can understand your concerns about Christmas and i really hope this gets resolved soon. You can only sit back and let your union rep deal with this and i know its frustrating but it all helps your case. All i can do is wish you luck and i`ll keep my fingers crossed for you. Phil

What was in his contract re housing etc,in what way do they not like him,who/how/where/when etc

Hi Paul, All this helps your case,is your union rep a full time official or shop steward? If he/she is a a shop steward has she asked her area rep advice? I think now is the time that the full time officials get involved. They need to call HR and tell them a few home truths and get things moving. Also so you should put in a grievance letter about the time and the way you are being treated, this must be heard within 28 days and if nothing else will upset them a bit. All they are doing is damaging there case if it comes to a tribunal.I know i would love to bring this case before a tribunal, easy case and easy money lol. Phil

Sorry but its 28 days max, you can ask that they deal with it asap, however they can tell you no. Did you have a grievance meeting? Was notes taken and have they informed you of the result of the grievance hearing in writing? The answer to your question regarding if they can just change your T & C`s is yes and no. It would depend on a number of factors but basically they would have to consult with you the changes and you would need to agree with them. However you say they are a large company, my guess is they have a recognized union on site with a collective bargaining agreement in force. If this is so, the union might of agreed to the changes on your behalf but you should of been informed of the talks by your union.Where this can and does fall down at times is where someone employed there is not a union member,they do not get informed by the union and although the company should keep non union members fully informed many fail to do so. If the union does agree and there is an on site agreement then the change affects the non union members too.

Well Done !!

You would of been covered under TUPE The Transfer of Undertakings (Protection of Employment) Regulations 2006 i`m sorry but it looks the company honored your contract and thats all they needed to do. Ell-enn is 100 % right that employers are only required by law to pay the statutory redundancy payment.However if there is a enhanced deal in the contract that has to be honored.

Hi Paul, When you contact them, tell them your getting stressed etc and mention a duty of care etc etc. You are still employed by them and that duty of care still exists. Remember any meeting has to be mutually convenient so if the timings not good for you, get them to rearrange it. keep your chin up Paul, you have done no wrong. All the best phil