Employer unilaterally reducing breaks - what are my rights? Constructive dismissal?

V_Chic_Chick

I work full time as a barmaid for a well-known pub chain, and have done so for the last 5 months. This is a physically demanding job, where I am required to be on my feet constantly, and I must lift heavy items.

I was informed today (20/12/10) that from 1/1/11 breaks (including the proportion that is paid) will be cut significantly - in effect this means I am also receiving a pay cut e.g.
-5hr shift was 15 mins paid break, now we are to get no break.
- 7hr shift was 45 mins break, 15 mins of which was paid. Now we are to get 20 mins unpaid break, with no paid break.

The new breaks rota only goes up to a 10 hour shift (which gives 30 mins break, instead of the current 45), with the company stating that "we want, wherever possible, to restrict the maximum working day to 10 hours". However, I am regularly rota'd for 12 hours shifts + compulsory overtime at the end, due to the fact that the bar almost never gets closed down on time e.g. on Sunday I worked a 14 hour shift. From what pub management has said, we will still be rota'd for 12+ hour shifts, although it would seem that they still only plan to give us 30 mins break on such a shift rather than the current 60 :eek:

By their own admission, there has been no consultation with workers / unions (although there is no collective agreement, and few people other than myself are in a union), or indeed anyone below pub manager.

There is no mention of breaks in the contract, and it is explicitly stated that the employee handbook (where breaks are specified) is a non-contractual document, but couldn't it be part of some implied contract? Or could it be seen as an unlawful deduction from wages due to the pay cut associated?

Do I have any comeback at all? I am not particularly worried about souring my relations with the company as I am planning to leave in ~2 months anyway, and (to cut a long story short), I probably won't require references after then, and they only give factual references anyway. This may be the final straw in my employment with them - as I will probably feel forced to resign, can I leave and then claim constructive dismissal? What would the JobCentre's position be on this?

Finally - and this is a slightly odd question - do I have to remain in the country for an employment tribunal to take place, or could it be conducted via video conference? (I am a UK citizen who will be leaving the EU for 6 months between March & September).

Sorry for the long post, and thanks in advance.

getmore4less

Did you discuss breaks at interview and did they make it clear at interview that the current breaks over statutory are discretionary or god they make out they were part of the deal you were agreeing to?

If the employee handbook makes it clear that the breaks are discretionary then getting a custom and practice case will not be easy.

A constructive dismisal case is very unlikely to succeed.

You might be able to have a go based on the working time directive allthough pubs probably fall under the excempt catagory for taking break times due to the business having fluctuating busy/quiet periods.

Lets face it even JD pubs that open from 7-11 are not flat out all the time.

Did you opt out of the WTD?

The first would be the during work break no session should be more than 6 hours and should have a 20min break so the longest you can be there without a second break would be 12.20mins. So they need to address that one if they are now only giving 1 break in 14 hour days.

The second is the 11 between days, break so working late then early might break that one.

Next is the one day a week but this can be 2 days over 2 weeks.

You have the 48hr week total and the 90 hour minimum time off for the daily/weekly breaks

If an exempt catagory then work breaks can be accumulated and taken later.

The other angle is making sure you get paid for all the hours actualy worked for a business to allway get have the scheduled rotas and actual hours worked wrong is just bad planning.