Fact-finding

[gluteus maximus]

As i have stated, an employee can ask for a rep to be present at a fact finding interview. Management do not have to advise the employee of that fact that a rep can attend if so requested. That only happens at the formal interview stage as to the ACAS code of practice.

[hatetheboss]

As i have stated, an employee can ask for a rep to be present at a fact finding interview. Management do not have to advise the employee of that fact that a rep can attend if so requested. That only happens at the formal interview stage as to the ACAS code of practice.

You need to read the conduct code

[blackadder]

Just as a matter of interest who took the photo showing the precise time and the area you were in? What others do doesn't condone what you do and your previous conduct could well go against you. Do you think someone is setting you up.

I don't know who took the photo, and believe me it's crossed my mind that I'm being set up, but will have to wait and see.

pretty obvious you been set up mate. who would take a pic of a r.m. van otherwise ? did you go home in it ?

[gluteus maximus]

Then please supply a link to your source of reference hatetheboss

[gluteus maximus]

just thought i would mention:

Just say you were taking your break, being off route does not cut it, the working time regulations state that the employer can say when you take your break, but it can be taken away from your place of work. Your van is your place of work and the employer has no control as to where you take that statutory meal relief

[hatetheboss]

Then please supply a link to your source of reference hatetheboss

Teebs put up the link in the post please refer to the paragraphs I stated earlier.

[gluteus maximus]

Ok, the hard way

4.3 Representation In fact-finding and discipline hearings,individuals have the right to be accompanied by the relevant trade union representative

That just means as stated if the employee asks for a rep at a fact finding then one is provided. It does not mean that a manager has to say you are entitled to one or recommend a rep or work colleague be present. That only happens at the formal stage as an absolute right

[Himaggen]

unfortunately hatetheboss, as above, the Manager has no requirement to inform you of your rights, you need to get that from another party or know it yourself.

[hatetheboss]

Ok, the hard way

4.3 Representation In fact-finding and discipline hearings,individuals have the right to be accompanied by the relevant trade union representative

That just means as stated if the employee asks for a rep at a fact finding then one is provided. It does not mean that a manager has to say you are entitled to one or recommend a rep or work colleague be present. That only happens at the formal stage as an absolute right

I get your point, but the fact finding interview is a formal stage and I was only in my earlier posts informing the original poster of those rights.

[clashcityrocker]

just thought i would mention:

Just say you were taking your break, being off route does not cut it, the working time regulations state that the employer can say when you take your break, but it can be taken away from your place of work. Your van is your place of work and the employer has no control as to where you take that statutory meal relief

So if his meal relief is scheduled before he leaves the office, he can't be on his break off route.
Unless your post is suggesting we can all take a van and f**k off where we like for our meal relief.

[gluteus maximus]

The meal relief before he left the office will be the contractual 20 minute entitlement if full time.. The other statutory 20 minute entitlement as to the working time regulations stipulate that cannot be taken at the start of end of your duty, it has to be somewhere in the mddle. He only has to say he was half a mile of route to use the toilet as another example if no local facilities were avaliable

[clashcityrocker]

The meal relief before he left the office will be the contractual 20 minute entitlement if full time.. The other statutory 20 minute entitlement as to the working time regulations stipulate that cannot be taken at the start of end of your duty, it has to be somewhere in the mddle. He only has to say he was half a mile of route to use the toilet as another example if no local facilities were avaliable

This is wrong.
The other 20 can be taken at the end of the duty, this is the most common reason for splitting the meal relief, to provide an earlier finish time.
However some offices have the full 40 minutes scheduled prior to departure.

Only he knows what he was doing and why.
The fact he has previous isn't going to help him.
Making up stories about toilet facilities isn't going to help either.

[gluteus maximus]

Please give a link that stipulates that the statutory 20 minute meal relief entitlement can be taken at the end of your duty as to the Working Time Regulations

The Working Time Regulations are specific and company own terms and conditions do not override statutory duty

Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day.

"the break is taken in one go somewhere in the middle of the day (not at the beginning or end"

Not looking for any argument, just looking to nail this down

Let us leave out of the equation the 20 minute contractual entitlement so not to confuse matters

[clashcityrocker]

Let us leave out of the equation the 20 minute contractual entitlement so not to confuse matters

You can't.
The legal entitlement is for a 20 minute break.
We have 40 minutes.
As long as the first 20 minutes is in line with the WTR (somewhere in the middle) we can do what we like with the other 20.

[gluteus maximus]

Yes but taking the 20 minute contractual entitlement before you go out has nothing to do with the Statutory 20 minutes entitlement which must still be taken as close to the middle of your day. The contractual 20 minute entitlement is in excess of minimum statutory provision, it does not take precedent

To nail this down you take the 20 minute statutory entitlement at the middle of your duty, then you can knock off the contractual 20 minutes at the end of your duty. That leaves no room for the contractual 20 minute entitlement before you go out as you cannot have both