Break at end

[breacher]

It states in our Union agreement (contractual) that we are allowed a 30 minute break . (regardless if it is under 6 hours)

 

And this must not be taken at the end or beginning of the shift.

 

The management in our office are making people take there break at the end of the shift .

 

Therefore in our opinion we are getting no break at all because taking it at the end is just us leaving and going home they are basically paying us for the break but we don't actually get to have it , some people are complaining they are feeling dizzy and really hungry for a bite to eat as we work through lunch.

 

we have talked to management about it and they refuse to let us have it during the shift ( so they can leave earlier) it suites them but not us! Plus they go out for an hours lunch !

 

The cwu are not helpful so we are going down the law route and are filling in an et1 as a joint group thing.

 

Can we sue them? Will we get them in court for this

Edited October 6, 2013 by breacher

[stu007]

Hi breacher

 

As its the early hours you may not get may responses till later so please be patient.

 

This is the previous link to your previous thread http://www.consumeractiongroup.co.uk/forum/showthread.php?404819-Dissmissal-breach-of-contract-FINAL-HEARING

as the information will be helpful for caggers to better advise you.

[renegadeimp]

I thought an employer had to give you a 15-20 min break by law after a 4 hour period unless you were in a specific line of work?

 

Have you spoken to your union about this?

[Emmzzi]

renegade, 6 hours not 4

 

https://www.gov.uk/rest-breaks-work/types-of-break

 

only certain union agreements are legally binding and not usually this kind of local agreement, there is specific wording they need to include. OP would need to show us the whole agreement.

 

OP is also not a union member so I doubt the union will be going to court on his behalf.

[smokejumper]

Was this an agreement between the staff , about having break at the end, I've been at a place that did this.

[Emmzzi]

Was this an agreement between the staff , about having break at the end, I've been at a place that did this.

 

smokejumper, CWU have all kinds of national and local agreements some of which are over and above statutory requirements.

 

Only some are legally binding however.

[breacher]

smokejumper no , and i had complained previously that i wanted a break not at the end but was refused and warned that i better not do it because that would mean i finish at a later time than everyone else and they want to get away .

Edited October 7, 2013 by breacher

[smokejumper]

not much help I know, but.....are they getting away with it by, saying you work a min after your break, so in theory its not at the end.

[breacher]

No , speciffically at end. which was basicaly us getting our jackets on and leaving to go home . basically no break at all throught the day

 

Yes we was paid for the break but i dont think that is the point

[smokejumper]

Jeeze, so they are not letting you have a break so that they can leave 15 mins early.

 

Very selfish, I think I would be complaining if it was effecting me, probably just take my break when I wanted, but then I'm a trouble maker ;-)

 

Are they really in that much of a hurry to get home to the wife, that they can't wait 15 mins?

[breacher]

Its all about them

[smokejumper]

You need a mutiny.

[breacher]

mutiny lol well a walk out would probably be ok under the circumstances.

 

everyone out for a break! lol

Edited October 7, 2013 by breacher

[smokejumper]

I'd do it right when they take their hour break ;-)

[breacher]

Its just annoying its not some 3rd world country we are living in we honestly feel like slaves nothing to eat from 9am to 2:55pm no break at all

[smokejumper]

Did you run it by the union or are they too busy with the other stuff at the moment.

[breacher]

They know whats going on but are not doing anything so that is why we are heading towards legal action

[smokejumper]

I think you need to remind them, who's union it is.

[breacher]

yes

Edited October 7, 2013 by breacher

[smokejumper]

ok, I go along with what you say, but the union could put it right without all that bother and if it did have to go further they should meet the costs.

 

To go to a tribunal, I think you need to lodge a formal grievance first, have you done that.

[breacher]

we had a meeting with the manager and since they deal with the grievance it cant go any further they have told us in clear terms we must take our break at the end

[breacher]

They also put it in writing .

[Emmzzi]

1. breacher has already said he isnt a union member so why would they help him?

2. that looks like a proposal not a final agreement to me

3. I can't see where it states it is intended to be legally binding on both parties, which is what you need for breach

4. by naming the employer you've now brought them into disrepute. i'd stop posting if i were you, you're going to be pretty traceable.

[breacher]

1. I have contact with the union advising me regardless if i am a member or not .

2+3. The Way Forward is a Collective Agreement.Your contract of employment explicitly mentions the inclusion of collective agreements.This means that all valid collective agreements are express contractual terms.

Breaching those terms is a breach of contract.

4. lol what are the consequences?

[Emmzzi]

"lol" who knows? lololol

 

Ok, played enough now. Have fun!