Implied Contract Term

[AwfulLawful]

I work on the railway based at a Maintenance Depo however we act as mobile workers for around half our shift travelling to various outstations on the railway.

For the last 11 years I have worked for my employer we have had our 30 mins paid meal break back at the depo (Regardless of were we are on the network the depo is only a 10 mins drive away).

For some reason unbeknown to us, management have decided that we will now have our breaks at one of the outstations. The facilities available to us at the outstation are far more inferior than that of facilities back at our depo, but that is a conversation I am well versed on, and will be taking to the next safety meeting (As Trade Union Safety Rep)

I am here to ask whether us having our break within the depo mess room has become an implied term within our contract through custom and practice? or is this clutching?

I have personally used the depo mess room for my 11 years at the compnay and believe this practice goes even further back. Managment well aware we use mess room as do other grades within the company.

Any advice appreciated

[echat11]

Hi Awfullawfil

ULA Can you please take a look and advise, many thanks.

[AwfulLawful]

Hi Echat Thanks for the bump.

Look forward to ULA response

[AwfulLawful]

Will add abit more context whilst awaiting response.

Our current mess room is within our Train Maintenance Depo. Offers provisions to heat food, cool food, hot and cold drinks as well as a TV and pool table. The mess room is excellent and really help staff to mentally distant themselves from their work and get a QUALITY rest period.

The new rest facilities are a small box room confined within an outstation. No drinking water, shower facilities, provisions for hot and cold food/drinks etc etc. As i stated above I'm well versed in health and safety and will be taken this issue directly to the safety committee as a safety issue.

My question for this forum is: Is this a breach of implied terms of contract ? Is having our rest period in the mess room situated in the depo now a implied term through custom and practise? This custom in question is well-known, reasonable, and certain so I would argue yes but intrested to see others opinions?