Hi, it's my first time on the board, I see there's been very helpful replies so thought I'd test my luck. I'm approaching my cut-off date to send my tribunal application and am quite stressed as I can't find the information I need online and can't afford legal advice, so any insight would be greatly appreciated
My grievance is for breach of contract relating to my holiday entitlement terms, there are 3 sets of terms which are in play and I am not sure which is contractually enforceable.
*- 2007 collective agreement - written in the company handbook
*- 2016 collective agreement - verbal agreement, not written anywhere, no documentation to support it
*- 2017 individual contract (start of employment) - expressly states holiday entitlement that does not match any of the above
The issue is that the company has reduced my holiday entitlement, claiming that the 2016 collective agreement supersedes my 2017 contract. A union rep has confirmed that the collective agreement was verbal in nature and predates my contract, thus has no effect upon it as the individual terms are prevalent. Is this true?
As collective agreements are incorporated into my contract I asked the company to provide a document of the details of the agreement (what effects, who it affects, the date, the parties in agreement). They replied that there is no documentation and that the details of the collective agreement are amalgamated into the company handbook.
However, the handbook does not contain this detail, it contains details of the 2007 collective agreement as it has not been updated for 12 years. The Employment Rights Act 1996 states collective agreements must be reasonably accessible, so the company has failed to comply with this legislation. Is the 2016 agreement valid/enforceable if it is not documented anywhere?
Which of the 3 terms would you consider valid?
The company never notified me that they had changed my entitlement, I noticed the change on my payslip and raised the issue. It's certainly dishonourable behaviour but I'm unsure if they are required to notify for changes by collective agreement?
Finally, I feel my appeal hearing was conducted unfairly. The HR manager stated the decision was made and would not be reviewed before I even had chance to talk and when I did try and make my case he consistently interrupted me in an aggressive, intimidating manner. He's well known to be a bully and I think he was trying to make me snap, I didn't but his behaviour prevented me from arguing my case. He also threatened to move me off -shift. I don't know whether I should raise this in the request for the final grievance hearing or just let it slide. Would it aid me in the tribunal? I was unrepresented so if the other manager in attendance backs up the HR manager (which I have no doubt he will), it's 2 against 1 and they could fabricate anything they wished about me.
Thank you for any advise you can offer
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My grievance is for breach of contract relating to my holiday entitlement terms, there are 3 sets of terms which are in play and I am not sure which is contractually enforceable.
*- 2007 collective agreement - written in the company handbook
*- 2016 collective agreement - verbal agreement, not written anywhere, no documentation to support it
*- 2017 individual contract (start of employment) - expressly states holiday entitlement that does not match any of the above
The issue is that the company has reduced my holiday entitlement, claiming that the 2016 collective agreement supersedes my 2017 contract. A union rep has confirmed that the collective agreement was verbal in nature and predates my contract, thus has no effect upon it as the individual terms are prevalent. Is this true?
As collective agreements are incorporated into my contract I asked the company to provide a document of the details of the agreement (what effects, who it affects, the date, the parties in agreement). They replied that there is no documentation and that the details of the collective agreement are amalgamated into the company handbook.
However, the handbook does not contain this detail, it contains details of the 2007 collective agreement as it has not been updated for 12 years. The Employment Rights Act 1996 states collective agreements must be reasonably accessible, so the company has failed to comply with this legislation. Is the 2016 agreement valid/enforceable if it is not documented anywhere?
Which of the 3 terms would you consider valid?
The company never notified me that they had changed my entitlement, I noticed the change on my payslip and raised the issue. It's certainly dishonourable behaviour but I'm unsure if they are required to notify for changes by collective agreement?
Finally, I feel my appeal hearing was conducted unfairly. The HR manager stated the decision was made and would not be reviewed before I even had chance to talk and when I did try and make my case he consistently interrupted me in an aggressive, intimidating manner. He's well known to be a bully and I think he was trying to make me snap, I didn't but his behaviour prevented me from arguing my case. He also threatened to move me off -shift. I don't know whether I should raise this in the request for the final grievance hearing or just let it slide. Would it aid me in the tribunal? I was unrepresented so if the other manager in attendance backs up the HR manager (which I have no doubt he will), it's 2 against 1 and they could fabricate anything they wished about me.
Thank you for any advise you can offer
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