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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Hi ,

 

I work for a small engineering company, we currently work a 40 hour week with 30 mins lunch a day unpaid,

 

if the managing director was to agree that we can work through our lunch is this acceptable,

 

None of use use heavy press/ lathes etc and we are able to have a break \ coffee whenever we like

 

Thanks

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If its an agreement it could be ok. Although they would then have to pay you for it. Or let you go home 30 mins early. Theyd be breaking the working time regulations otherwise.


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I think you should be having a 20 min break and 10 mins is therefore negotiable


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If my memory serves me correctly it is unlawful to work longer than 4 hours without a break unless your shift is less than 6 hours. I can't see your employer agreeing to this because if someone had an accident then he would be liable and could be sued.

 

I used to be a trade union shop steward.

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Thanks for all your reply's there seems to be a different view depending on who you ask,

 

If i start work at 6 have 2 ten minute coffee breaks would it be ok for me to have my break at 2clock at home ?

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My understanding is that the lunch break has to be taken as close to the middle of your duty as you can make it. The break cannot be taken at the start or end of your duty.

 

The lunch break is a statutory right under the Working Time Regulations and as a statutory right it can be declined by the employee so not unlawful. As stated the break will then need to be paid. Nothing illegal in not taking that statutory right if agreed

 

The break can be made compulsory by management if decided under safe system of work such as an assembly line worker

 

But i have to ask, being a former Trade Union Official why would you not want to take your meal relief, paid of not??

 

You are entitled to a statutory minimum of a 20 minute break if working six hours or more

Edited by obiter dictum

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I Personally Dont like eating at work i like to eat breakfast in the morning and dinner in the evening, dont get me wrong it will vary from time to time But thanks for confirming this

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I feel you are now making excuses, no disrespect in my comment

 

A break is an entitlement away from your working enviroment due to health and safety concerns. You can put yourself or others in your proximity in danger through your own actions with fatigue etc.. Many employers do not even have canteen facilities to eat. The most being a coffee machine and a place to sit down away from your work area

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I Personally Dont like eating at work i like to eat breakfast in the morning and dinner in the evening, dont get me wrong it will vary from time to time But thanks for confirming this

 

weather you think its excuses or not, Just wanted to know if its a law requirement and if this can be agreed by the management

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Afraid not, the statutory duty is on management to make avaliable the break entitlement to the employee.

 

The decision if the employee takes that break is dependent on management as a contractual obligation. I am 99.9999% sure that will not happen as it will be an express term in your contract of employment and will apply to all employees. All employees within the business will have to agree to the change with justification. The only justification i can think off is business needs with things such as a surprise large order for which the employee and management are in equal agreement. The employee then receives a bonus such as extra pay, day in lieu etc by mutual agreement as a one off event. To do anything else sets a dangerous precedent with custom and practice with future employees

Edited by obiter dictum

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Regardless of whether it is by agreement or not, the employer would be breaking the law to allow this. The law is clear. Work six hours or more and you should get a break of at least 20 minutes, which may be without pay; and that break should be towards the middle of the shift and may not be at the beginning or the end of the shift. It is not possible to privately renegotiate the law. The law is absolute on these matters, and to agree to your suggestion would put the employer in breach of the law.

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If you don't work in a safety critical role you can locally or individually negotiate with your boss to not take your lunch break and leave half hour early.

As long as you both agree to it and there's no h&s risk, It's ok.

We do this at work all the time and like you, we're not stuck to the chair for 8 hours, but we can have coffee and cigarette breaks whenever we want.

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No it is not ok, The Working Time Regulations are specific in that you cannot take your statutory break entitlement at the start or end of your duty. It has to be taken as close to the middle as you can make it. Be it you working a safety critical role or not is irrelevant, it is called 'Forseeability of harm' (Act or Omission) and Strict Liability

Edited by obiter dictum

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If you don't work in a safety critical role you can locally or individually negotiate with your boss to not take your lunch break and leave half hour early.

As long as you both agree to it and there's no h&s risk, It's ok.

We do this at work all the time and like you, we're not stuck to the chair for 8 hours, but we can have coffee and cigarette breaks whenever we want.

 

 

No, you cannot. You cannot negotiate to ignore the law of the land. If you do this all the time at work, your employer is breaking the law.

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Yes, strictly it's not permitted, but if the employee asks for it, who is gonna complain?

After all, we take a 10 minutes break every hour for smoke, food, tea, toilet, walkabout, telephone calls, etc.

It's like when a sadomasochist asks the mistress to whip him and make him bleed.

The mistress is committing an offence, but who is gonna complain about it?

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It is called strict liability and the employer will have no defence. Ignorance of the law is no defence, it treats everyone wih equal contempt

 

Laws are there to regulate conduct essential to social order and protection of its citizens. Democracy is not picking what laws we choose to comply with, or not

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It would be a very brave employer to officially sanction overriding statute, even by mutual agreement.


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It would be a very brave employer to officially sanction overriding statute, even by mutual agreement.

 

That's the key: officially.

We do this at work but it's not written anywhere and if we want we can take the lunch break whenever we wish.

In other words it's an unwritten agreement that suits us and we all do it, but the employer hasn't officially authorised it.

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The employer cannot officially endorse anything as it will be a strict liability offence.

 

If anything negative happened through the employees acts or omissions to themself or others not in the employ of the businees the employer can be held vicariously liable for the actions of the employee

 

Official policy or not under a contractual relationship

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That's the key: officially.

We do this at work but it's not written anywhere and if we want we can take the lunch break whenever we wish.

In other words it's an unwritten agreement that suits us and we all do it, but the employer hasn't officially authorised it.

 

Officially/Unofficially - it is all the same and is illegal

 

As previously written, the law is clear and unambiguous and statute cannot be overridden by local agreement. In a period of work lasting 6 hours or more, employees MUST have an uninterrupted rest break of not less than 20 minutes away from the work station. The break cannot be taken at the beginning or end of a shift unless in certain prescribed circumstances or occupations. A workforce may make a collective agreement with the employer, where such a facility exists, but the employer would still have to give compensatory rest where a normal rest break was not able to be taken

 

unwritten agreement that suits us and we all do it, but the employer hasn't officially authorised it[/Quote]

 

Just by allowing it to happen and turning a blind eye, the employer would still be liable in the event of an accident. They have a legal responsibility to ENSURE that rest breaks are taken

 

It's like when a sadomasochist asks the mistress to whip him and make him bleed. The mistress is committing an offence, but who is gonna complain about it?[/Quote]

 

The Courts, when the Mistress is facing a charge of manslaughter when that sadomasochism goes too far....


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Officially/Unofficially - it is all the same and is illegal

 

As previously written, the law is clear and unambiguous and statute cannot be overridden by local agreement. In a period of work lasting 6 hours or more, employees MUST have an uninterrupted rest break of not less than 20 minutes away from the work station. The break cannot be taken at the beginning or end of a shift unless in certain prescribed circumstances or occupations. A workforce may make a collective agreement with the employer, where such a facility exists, but the employer would still have to give compensatory rest where a normal rest break was not able to be taken

 

 

 

Just by allowing it to happen and turning a blind eye, the employer would still be liable in the event of an accident. They have a legal responsibility to ENSURE that rest breaks are taken

 

 

 

The Courts, when the Mistress is facing a charge of manslaughter when that sadomasochism goes too far....

 

That's why i said "unless you work in a safety critical role".

Call centre operatives, architects and engineers working on a computer would be very unlucky to have an accident and anyway would be best to have 10 minutes every hour and stretch your legs.

This doesn't mean that it's not illegal, but common sense in some places still exist.

 

With regards to the mistress, if the sadomasochist is only injured as he wished, I don't think he's gonna go down the nick and report her for abh/gbh...

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If you read the Working Regulations it is specific in that the 20 minute break if working six hours or more has to be taken in one bloc or it cannot be classed as a break.

 

As it is a statutory minimum requirement on the employer i cannot see why you are trying to justify in diminishing that right intended for the protection of the employee and those affected by the employees actions

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If you read the Working Regulations it is specific in that the 20 minute break if working six hours or more has to be taken in one bloc or it cannot be classed as a break.

 

As it is a statutory minimum requirement on the employer i cannot see why you are trying to justify in diminishing that right intended for the protection of the employee and those affected by the employees actions

 

Not trying to justify, It's just that sometimes it works in the employees favour.

I'm a fighter for workers right, so I wouldn't let this slip if we were not benefiting from it.

The employer could act by the book and give us one single 20 minutes break after 4 hour and that's it.

Instead we get 80 minutes and more in a day and we also leave half hour early.

Not being safety critical, this practice doesn't put anyone in danger and also keeps us relaxed because we know we can come and go from the desk without anyone saying anything, as long as the job is done.

I know it's illegal, but common sense should prevail sometimes.

Surely I would be peed off if my boss came up tomorrow and said no more breaks, just the contracted half hour in the middle of the shift.

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Surely I would be peed off if my boss came up tomorrow and said no more breaks, just the contracted half hour in the middle of the shift.

 

And I guess your boss - and his boss, and their boss, etc., etc., - will be rather annoyed when one peed off employee reports them? It only takes one report. One employee who think they were badly treated. One peeved employee. And the employer faces legal action because they are breaking the law. It does not matter what your justification for it is, or whether it is "common sense" or not. The law does not make exceptions.

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wow

 

This has been very interesting thank you all

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