union agreement policy - breach of contract

dissmissthis

Ok well in that case he has no reason why he should not allow me to take my break durig duty instead of end or start . which was set up for health and safety reasons. i had been taking my break at end for nearly 2 years! before i finally had my breakdown which cost me my job no staffing issues ! he just wanted everyone back earlier so he can close door and get finish quick! make any difference?

Southend1

dissmissthis wrote: »

Ok well in that case he has no reason why he should not allow me to take my break durig duty instead of end or start . which was set up for health and safety reasons. i had been taking my break at end for nearly 2 years! before i finally had my breakdown which cost me my job no staffing issues ! he just wanted everyone back earlier so he can close door and get finish quick! make any difference?

On the face of it, based on what you've said, I'm afraid it sounds like it doesn't make any difference.

The best time to raise all this would have been during the disciplinary process when you would have had a chance to put forward your defence.

Of course I don't know all the details of the case so if you think there's more to it then, as I say, best thing to do is seek advice from your union or failing that an employment lawyer.

dissmissthis

yeh sorry just a bit miffed by your reality slap

cant believe when a contract is saying you SHOULD NOT .. its ok to do it anyway.. and that isnt even a breach

!!!!!! thanks anyway

Southend1

dissmissthis wrote: »

yeh sorry just a bit miffed by your reality slap

cant believe when a contract is saying you SHOULD NOT .. its ok to do it anyway.. and that isnt even a breach

!!!!!! thanks anyway

Well that's my take on it. As I said, best take specific advice through your union or direct from an employment solicitor.

Did you try to argue this at the disciplinary hearing? What was the response?

Sorry it's not what you wanted to hear! Hope things improve for you soon

dissmissthis

yes i did and i got the .. we have spoken about this before u are REQUIRED to take your break at the end ..... !!!!in joke or what

Southend1

dissmissthis wrote: »

yes i did and i got the .. we have spoken about this before u are REQUIRED to take your break at the end ..... !!!!in joke or what

Did you appeal against the outcome of the disciplinary?

Did you have any representation or support during the disciplinary process or did you go it alone?

dissmissthis

yes . went it alone and now accepted for final hearing at tribunal, dont think they knew i would figure out about breaks .. they was mainly doing it to get away early but i think they knew it was breach but no one was complaining until now

Southend1

Sounds like there's an awful lot more to this than what you have posted here!

I really do recommend seeking proper advice, particularly if you are going to tribunal.

Anyway good luck hope things work out for the best