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Working hours - help

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  • Working hours - help

    Hi

    Me and my 30 colleagues have been what we say "ripped off" but the company says, they are correct in their statement. So whos right by law?

    We work from 10:00 to 16:00. Our contract says that we are entitled to an unpaid, unallocated 30 minute break. And now they want to make us work from 10:00 to 16:30 because they saying they paying us for 6 hours work and not for the break.

    For the past 5 years we been working till 16:00 with whatever after 16:00 was classed as overtime. But last week out of blue manager came in and told us about changes.

    So my question is, can they legally make us stay half hour past 16:00 for the reason that out break is not paid?
    Tags: None

  • #2
    Re: Working hours - help

    This seems familiar - have you posted this before?

    The law says you are entitled to a 20-minute break if your working day is longer than 6 hours; however, if your contract provides for a longer break, that will take precedence.

    Are you able to post a copy of your contract so we can see what it provides for? Remember to remove any personal information.

    - Matt
    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

    Comment


    • #3
      Re: Working hours - help

      This old chestnut

      I am surprised these no doubt Graduate managers not old enough to shave yet know it all

      As Matt has stated it will be part of your express terms in your contract of employment

      What happens now is that the contract will state as an example your contracted hours will be 40 hours worked 6 days out of seven

      It will also say what your meal relief entitlement will be within those contracted hours.

      Your statutory meal relief will be inclusive of those 40 contracted hours

      Not only that you cannot take the break either at the start or end of the duty

      Do you have that contract or employee hand book??
      Last edited by judgemental24; 31st October 2015, 17:15:PM.

      Comment


      • #4
        Re: Working hours - help

        The contract says 30 hours, 10:00-16:00 with 30 minutes unallocated unpaid break. There isnt any other information. The management claims the contract was issued with mistake.

        Comment


        • #5
          Re: Working hours - help

          Then if that has been the case for the last 5 years custom and practice holds the field

          I will be blunt and nothing personal

          You say there are 30 of you this will impact on??

          Well get together, Grow some Gonads and say you do not accept this

          You put in a group grievance stating you are now all working under protest and ask for a consultation on this proposed change of established contractual terms.

          Comment


          • #6
            Re: Working hours - help

            It doesn't matter that your contract was issued by mistake, your emoloyer cannot change the terms of your contract without your agreement.

            In some circumstances an employer can dismiss and re-hire employees on a new contract but there has to be a sound business reason for doing so, which I don't believe there is in your case.

            - Matt
            Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

            Comment


            • #7
              Re: Working hours - help

              The manager is trying his luck on cost savings and bonus payment no doubt

              If you do not object via a grievance then it will be considered you have accepted the proposed contractual change by default

              Comment

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