union agreement policy - breach of contract

dissmissthis

Basically i think my employer is in breach of contract because the union agreement states my break must be taken in the middle and not at the beginning or end of the duty. I am pretty sure it is referring to any "any attendance that has a break" .. which it does .. 20 minutes. And not just the legal over 6 hours a day thing that the government sets out .. which it isnt its only 5 hours a day. but like i say its in the agreement with union which is policy .

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

I have been dismissed for something that could be seen as related to this breach of contract and possible the cause of dissmissal. and in writing i have it from manager that " we have talked about this before" ... " you must take your break at the end of your duty"

do i have them, for breach of contract/unfair dissmisal?..
thanks you!

Southend1

What does your union rep have to say about this? I presume you were represented by the union at disciplinary hearing?

dissmissthis

Hell naw they was part of the reason i lost my job . long story im all on my own

just found this

Agreements reached through collective bargaining are called collective agreements and they often mean a change in your employment terms and conditions.

Collective agreements can cover all staff - not just union members.

Only thing that is niggling me is what the are stating in the agreement that break in middle only .. but i am hoping that is referring to the under 6 hours a day shifts .. it looks like it..

this is what it says .. Where an attendance is provided with more than one break the second break may be scheduled at the beginning or end in which case attendance is not required solely for booking on or off . a single break should not be scheduled at the beginning or end of attendance.

Takeaway_Addict

how long u worked for them?

Southend1

I think you may need to provide some more information about the reason you were actually dismissed in order for people to help you.

Did you take breaks at times other than those scheduled by your manager?

It's odd that you're saying your union was part of the reason you lost your job. Can you expand a little about what happened?

You are correct that collective agreements can cover non union members.

dissmissthis

why i was sacked was to do with the amount of time i had to do the job , came back with mail .. the fact i was forced to take break at end i felt very stressed and weak nearly 6 hours without a break how would you feel running up and down stairs like a postman does........

i just need to know if it is infact breach of contract ,, i have it like i say in writing manager saying " you must take break at end" which contradicts the agreement........

not going into much more detail than this sorry xx

Southend1

Your union will be able to access legal advice on your behalf regarding breach of contract.

If you have been employed less than 2 years you won't get anywhere if you try to claim unfair dismissal unless equality act provisions apply

Your post is very confusing to be honest, without more information that's the best I can do!

dissmissthis

yes over 2 years .. 7 years in .,..... i know that legally they have to follow the contract and the agreement the fact i have his breach in writing with him saying we have talked about this before.. proving i have brought it up with them before before tribunal . But yes i just need to know exzactly what it is applying to.

"Where an attendance is provided with more than one break the second break may be scheduled at the beginning or end in which case attendance is not required solely for booking on or off . a single break should not be scheduled at the beginning or end of attendance."

i would say that sounds like any duty wouldnt you? And not referring to dutys over 6 hours only..

Southend1

dissmissthis wrote: »

yes over 2 years .. 7 years in .,..... i know that legally they have to follow the contract and the agreement the fact i have his breach in writing with him saying we have talked about this before.. proving i have brought it up with them before before tribunal . But yes i just need to know exzactly what it is applying to.

"Where an attendance is provided with more than one break the second break may be scheduled at the beginning or end in which case attendance is not required solely for booking on or off . a single break should not be scheduled at the beginning or end of attendance."

i would say that sounds like any duty wouldnt you? And not referring to dutys over 6 hours only..

My understanding is that the agreement is that if you work a shift where only one break is given, this break should not be at the start or end of the shift. It doesn't say anything about the break being in the middle of the shift, nor does it say it MUST NOT be scheduled at the start or end. The words "should not" suggest there may be wiggle room for management.

dissmissthis

should not? how is that wiggle room as if they do make it at end of duty then they are doing something they "should not" do and that is wrong?
Its like saying u should not drive without a license but if u do its wiggle room? not sure i like your answer

Southend1

dissmissthis wrote: »

should not? how is that wiggle room as if they do make it at end of duty then they are doing something they "should not" do and that is wrong?
Its like saying u should not drive without a license but if u do its wiggle room? not sure i like your answer

Sorry but there's no point just telling you what you want to hear!

As I said, "should not" can be interpreted as having different meaning to "MUST NOT".

I.e. Managers must not require staff to take their break at the end of their shift (under any circumstances)

Is not the same as

Managers should not require staff to take their break at the end of their shift (unless there's a reason for doing so e.g. Short staffed, busy, sky is blue, grass is green etc).

Your union is really best placed to help you as they will be aware of all the collective agreements, precedents set, etc. however as you have already been dismissed there's probably little anyone can do to help.

Even if you could claim breach of contract, what would you gain?