Custom And Practice

[missykat]

I have worked for the same company for 23yrs and irrellevant to what hour's I have worked have alway's enjoyed the benefit of paid tea break's (not lunch) I appreciate that it is not alway's common practice for employer's to pay for break's but as we have alway's been paid does this form part of an unwritten contract ie Custom and Practice and if so can my employer suddenly stop doing so without my agreement ?

[factor-fiction]

They would have to give notice of the change a sit seems to have become part of Ts and Cs by custome and practice. Would it mean a reduction in pay or are they saying you need to work longer hours?

[woofgang]

maybe they can't but what they can do is consult on the change, demonstrate that they have considered your views by the consultation and then do it anyway.

[boxtops]

If you work in a office (as we do) we don't get paid teabreaks so we drink at the desk. We don't get paid the 30 minutes allocated for lunch. None of this is actually described in our contracts of employment, only that we have to work a 7.5 hour day. How many minutes per break do they pay you?

[missykat]

I now work 6 and a half hrs a day 4 day's a week so take a 20 minute break a day so therefore would be down on my wage's by nearly 1 and a half hour's a week.

[boxtops]

Can you not get round this by working through your tea breaks, rather than taking time out, so they are paying to you work rather than drink tea?

[boxtops]

You can always go to the ACAS website and ask their advice, it's free and available to everyone.

[factor-fiction]

I think we need clarification here.
Isn't the 20 minute break a lunch break?
Have they said you will get less money?
If you mean tea breaks and they want you to work through them then that won't be a cut in pay will it? I think they can 'consult' on the change, confirm it, give notice and say if you don't like it you can look elsewhere if you wish

[missykat]

No we have been told we have to take our break's.

[missykat]

No the 20min break is what we call morning break for people that don't work all day, but all staff get a paid morning break, staff that work all day get a paid morning, paid afternoon of 10min's and a unpaid 30 or 60min lunch break. We have now been told that we will have to take break's and anyone that has lunch has to take an hour all unpaid. Which yes this will result in a loss of earning's.

[factor-fiction]

I think it might help to get the exact wording of what has been proposed and to post it on here

[woofgang]

I agree with factor,but i repeat that all the employer has to do is follow the required consultation process to demonstrate that they have consulted and considered your concerns and then say that the business requires it and do it anyway.

[missykat]

Would that not be a breach of contract though ?

[missykat]

Also we clock on and off and because of the nature of our employment we sometime's run over our contracted hour's by a few minute's and they are now saying that even so they are only going to pay us our contracted hour's surely this is not legal.

[woofgang]

missy that is the process by which your contract can be changed. Businesses often have a policy of only beginning to pay overtime or TOIL once the time amount reaches 30 minutes.

[woofgang]

PS the apostrophe police will be after you!

[woofgang]

I know that its not "fair" but also in the current climate, is your job generally "good" or do you think you could do better? Think carefully before you take actions that you cant undo.

[factor-fiction]

>Would that not be a breach of contract though ?

No- contracts can be varied (in the employee's favour or otherwise) in the way woofgang has described

>we sometime's run over our contracted hour's by a few minute's and they are now saying that even so they are only going to pay us our contracted hour's surely this is not legal.
Yes it is legal to pay a weekly/monthly salary and not add on for a an extra few minutes. It's just part of the job. Some employers will just add a catch all to the effect of " work the hours necessary..." . You can make representations in the consultation process and maybe they will compromise in some way- eg say you can go a few minutes early on other days to make up.

[factor-fiction]

Sorry- the other answers weren't there when I started typing that.

[missykat]

Thanks for your replies all, will take them onboard but perhaps it would be best to go to the expert's and see what they say. Oh and Woofgang didn't realise I was asking for an English lesson! thanks anyway.

[factor-fiction]

>perhaps it would be best to go to the expert's (sic) and see what they say.

Please do, and then come back and tell us we we were right after all