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Can I sue my employer for not allowing me to have a break? Along with discrimination?

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Comments

  • amiehall
    amiehall Posts: 1,363 Forumite
    INCOMING wrote: »
    sorry, if you work 4 and hour hours, OR more, then you are entitled to a break.

    Just to check, you are over 18??

    Just because your employer violates their own break policy does not mean you can sue them. Can you really not manage to work 4 and a half hours without a break? I think I'd rather be paid... If I was having the time deducted from my pay but not being allowed to actually take the break, then I'd be complaining.
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  • Denning.
    Denning. Posts: 2,749 Forumite
    amiehall wrote: »
    Just to check, you are over 18??

    Just because your employer violates their own break policy does not mean you can sue them. Can you really not manage to work 4 and a half hours without a break? I think I'd rather be paid... If I was having the time deducted from my pay but not being allowed to actually take the break, then I'd be complaining.

    Company policy forms part of an employment contract unless a superior source contradicts it, ie, law or employment contract
  • amiehall
    amiehall Posts: 1,363 Forumite
    Denning. wrote: »
    Company policy forms part of an employment contract unless a superior source contradicts it, ie, law or employment contract

    Most contracts for this type of role specifically mention that your handbook does not form part of the contract.

    I have never worked at this retailer, but I would be very shocked if this was different.
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  • angelbob
    angelbob Posts: 551 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Did I miss Gayguy getting a job? :j
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  • Southend1
    Southend1 Posts: 3,362 Forumite
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    amiehall wrote: »
    Most contracts for this type of role specifically mention that your handbook does not form part of the contract.

    I have never worked at this retailer, but I would be very shocked if this was different.

    I'm not sure the contract saying that the handbook isn't part of the terms and conditions actually means that it isn't. When I worked as a retail manager the Handbook had to be signed for by employees specifically because it did form part of the terms of employment
  • Denning.
    Denning. Posts: 2,749 Forumite
    amiehall wrote: »
    Most contracts for this type of role specifically mention that your handbook does not form part of the contract.

    I have never worked at this retailer, but I would be very shocked if this was different.

    Its not rigid. If the contract seeks to exclude the handbook but the handbook is in reality the rules which are followed then the exclusion clause is void.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    angelbob wrote: »
    Did I miss Gayguy getting a job? :j

    You will be waiting a very looooooooooooooooong time for that to happen unless he changes his ways.
  • keyser666
    keyser666 Posts: 2,140 Forumite
    DomRavioli wrote: »
    .

    I've even given the source for the information in case the OP needs it. If you carry on, you will be reported.
    DomRavioli wrote: »
    I've apologised, and referenced. Any more and you will be reported.


    Laughable, bet you were the kid in school that shouted teacher over nothing as well, class grass if you will.

    Think you are better off !!!!ing off, report that you !!!!
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    edited 2 February 2014 at 2:59PM
    INCOMING wrote: »
    I went for my hearing the other day, told them want it adjourned because I wanted my union rep.

    They didn't seem to happy about it.

    Incoming, a bit of advice. If you're fighting for your job and your not in a position of strength, don't p!ss off the disciplinary panel unnecessarily.
    Don’t be a can’t, be a can.
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