YeS your quite correct it is an implied term in your contract, they can change any part of your contract implied or not at any time as long as they give notice and they do not need a local agreementkeithposty wrote:as for customs and practice as long as they give proper notification to change the standard practice they can do that
NOT WITHOUT A LOCAL AGREEMENT THEY CANT
ITS CALLED AN IMPLIED TERM IN YOUR CONTRACT OF EMPLOYMENT
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20/20 or 40 minute break/ walk delivery span break
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IcanthelpthewayIam
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- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
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keithposty
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Re: 20/20 or 40 minute break/ walk delivery span break
PLEASE, I AM NOT HAVING A GO BUT TELL ME
WHERE IN THE EMPLOYMENT RIGHTS ACT DOES IT STATE THEY CAN DO THIS
CONTRACTS CAN BE CHANGED BUT ONLY BY GOING THROUGH AN AGREED CONSULTATION PERIOD
YOUR ASSUMPTION IS A CHANGE OF CONTRACT BY A NATIONAL AGREEMENT, NOT LOCAL
TO JUSTIFY A CHANGE OF CONTRACT COMES UnDER CERTAIN CONDITIONS
POLITICAL
ECONOMIC
SOCIAL
TECHNOLOGICAL
as well as
(enviromental)
or pest for short
WHERE IN THE EMPLOYMENT RIGHTS ACT DOES IT STATE THEY CAN DO THIS
CONTRACTS CAN BE CHANGED BUT ONLY BY GOING THROUGH AN AGREED CONSULTATION PERIOD
YOUR ASSUMPTION IS A CHANGE OF CONTRACT BY A NATIONAL AGREEMENT, NOT LOCAL
TO JUSTIFY A CHANGE OF CONTRACT COMES UnDER CERTAIN CONDITIONS
POLITICAL
ECONOMIC
SOCIAL
TECHNOLOGICAL
as well as
(enviromental)
or pest for short
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
You just proved my point, as long as they follow the correct process they can change any term of your contract, as they are only changing a locally agreed term they can do this locally, they can simply come up with a reason that fits, have their local consultation, remember its a consultation not an agreement they must do. After that give the relevant notice and change the term to whatever they want,
Oh and please stop shouting at me its a little rude
Oh and please stop shouting at me its a little rude
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Decky Boy
- Posts: 440
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Re: 20/20 or 40 minute break/ walk delivery span break
Firstly, employers can do anything they like regarding employment contracts and conditions of work... and often do. Whether any changes are fair or unlawfull is a seperate matter and one that has to be attended to if and when any changes are implemented. What will you do if your terms and conditions are altered ?
Secondly, What do you currently do if you need a piss or the toilet ? If there is not enough time to complete the work in contracted hours simply claim the overtime or tell the boss the job is unmanagable and his planning is pants ! Don't bullshit anyone, take pride in the job, do it right and get stuck in. However if it's unmanageable, then it's unmanageable.
Secondly, What do you currently do if you need a piss or the toilet ? If there is not enough time to complete the work in contracted hours simply claim the overtime or tell the boss the job is unmanagable and his planning is pants ! Don't bullshit anyone, take pride in the job, do it right and get stuck in. However if it's unmanageable, then it's unmanageable.
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keithposty
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Re: 20/20 or 40 minute break/ walk delivery span break
Firstly, employers can do anything they like regarding employment contracts and conditions of work... and often do. Whether any changes are fair or unlawfull is a seperate matter
i totally agree with the above, if the employee is not satisfied with any changes, he/she has three options
1/ accept the change
2/ accept the change and work under protest
3/ resign and claim unfair/constructive dismissal
in royal mails case the above is irrelevant as we have the CWU and the ir framework,
so we operate under different characteristics on normal contractual employment law
royal mail call it executive action
we call it industrial action
i totally agree with the above, if the employee is not satisfied with any changes, he/she has three options
1/ accept the change
2/ accept the change and work under protest
3/ resign and claim unfair/constructive dismissal
in royal mails case the above is irrelevant as we have the CWU and the ir framework,
so we operate under different characteristics on normal contractual employment law
royal mail call it executive action
we call it industrial action
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keithposty
- Posts: 918
- Joined: 22 Feb 2011, 11:44
- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
lets all have an honest discussion from now on and no back stabbing please
be it 40 minute, 20-20 break, whatever
the agreement stipulates wellfare will be part of the delivery span, we can all agree on that
now even if you have a 20 minute break while on delivery, should that 20 minute break be taken looking/driving for say a macdonalds for bodily functions and there by using up your break allowance, a break by definition is down time
be it 40 minute, 20-20 break, whatever
the agreement stipulates wellfare will be part of the delivery span, we can all agree on that
now even if you have a 20 minute break while on delivery, should that 20 minute break be taken looking/driving for say a macdonalds for bodily functions and there by using up your break allowance, a break by definition is down time
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fishtank
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Re: 20/20 or 40 minute break/ walk delivery span break
Suitable welfare facilities should be identified during the planning process.keithposty wrote: now even if you have a 20 minute break while on delivery, should that 20 minute break be taken looking/driving for say a macdonalds for bodily functions and there by using up your break allowance, a break by definition is down time
These are entered into the duty walklog.
Nowhere in any of the agreements,guidelines or revision tools does it say you have to use them during your break.
I'm not that confident that i can pee to order keith.
good times, bad times you know I've had my share
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keithposty
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Re: 20/20 or 40 minute break/ walk delivery span break
its having the welfare bult into the delivery span that is the question, you can take a pee at any time, its just the time allowance getting to a designated place to do it and return to your delivery point
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
i dont think there is much realistic chance of getting it built into the duty structure, reason being how much time do you get built in?
say your manager actually does him job and gets an agreement from a shop for the postie to use their toilet, the shop is located roughly half way round their walk, after about an hour into their walk they need the loo, so off postie goes to shop to use the facilities, round trip takes him 25 min, next day similar situation but he is a lot closer to shop this time, round trip only takes him 10 minutes, how much time do you build into a duty? every person is different, cant legislate a set time as a postie might need longer and other way postie might not need to go at all, i know of absolutely no job where the length of an acceptable toilet break is written down into the hours of work,
you should and do have the right to take a toilet break at any time during your work hours for as long or as short as you need
say your manager actually does him job and gets an agreement from a shop for the postie to use their toilet, the shop is located roughly half way round their walk, after about an hour into their walk they need the loo, so off postie goes to shop to use the facilities, round trip takes him 25 min, next day similar situation but he is a lot closer to shop this time, round trip only takes him 10 minutes, how much time do you build into a duty? every person is different, cant legislate a set time as a postie might need longer and other way postie might not need to go at all, i know of absolutely no job where the length of an acceptable toilet break is written down into the hours of work,
you should and do have the right to take a toilet break at any time during your work hours for as long or as short as you need
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welshy808
- Posts: 182
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Re: 20/20 or 40 minute break/ walk delivery span break
Keith, read Royal Mail's document titled
"Delivery Duty Design Principles For Bundled Revisions"
Page 9 Managing Fatigue and Staff Welfare
I downloaded it from this site but can't remember from which thread
it states that Meal relief must be planned to be taken "before or at the middle of the delivery and not left to the end"
it also states "appropriate consideration must be given to scheduling of meal breaks, identification of welfare facilities and ensuring that the appropriate equipment is utilised."
This shows that Royal Mail expects planners to build in time for welfare facilities separate from meal relief as your full entitlement to meal relief must be planned to be taken with half of your delivery left. i.e. up to 3 hours left in shared vehicle, up to 3hours 45 mins on a rural, etc.
hopefully someone can post the link to the document
"Delivery Duty Design Principles For Bundled Revisions"
Page 9 Managing Fatigue and Staff Welfare
I downloaded it from this site but can't remember from which thread
it states that Meal relief must be planned to be taken "before or at the middle of the delivery and not left to the end"
it also states "appropriate consideration must be given to scheduling of meal breaks, identification of welfare facilities and ensuring that the appropriate equipment is utilised."
This shows that Royal Mail expects planners to build in time for welfare facilities separate from meal relief as your full entitlement to meal relief must be planned to be taken with half of your delivery left. i.e. up to 3 hours left in shared vehicle, up to 3hours 45 mins on a rural, etc.
hopefully someone can post the link to the document
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keithposty
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Re: 20/20 or 40 minute break/ walk delivery span break
some rational thinking at last
and not following doctrine
a link would be nice
and not following doctrine
a link would be nice
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welshy808
- Posts: 182
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Re: 20/20 or 40 minute break/ walk delivery span break
http://www.royalmailchat.co.uk/communit ... 19#p329773" onclick="window.open(this.href);return false;
try this
try this
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
You did post on the thread keith.keithposty wrote:
a link would be nice
You should already have a copy.
http://www.royalmailchat.co.uk/communit ... es#p433450" onclick="window.open(this.href);return false;
good times, bad times you know I've had my share
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Decky Boy
- Posts: 440
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Re: 20/20 or 40 minute break/ walk delivery span break
Re my above post (Keithpostie) you suggest a disgruntled employee has only 3 options, surely he has a fourth... the right to raise a grievance and persue it to conclusion (which may be an Employment Tribunal ?)
You also state "in royal mails case the above is irrelevant as we have the CWU and the ir framework,
so we operate under different characteristics on normal contractual employment law
royal mail call it executive action
we call it industrial action"
How or why is a grievance of mine "royal mail's case" ? and you suggest options of disagreement as " irrelevant as we have the CWU and the ir framework" so we operate under different charactersistics on (to ?) normal contractual law"
With all due respect I can't quite understand the above... It sounds like shite to me. Not every employee belongs to the CWU. Some are unionless and others are trades union members through other Unions. If I feel the employer is acting unjustly I usually raise a grievance and an outcome is reached (either positive or negative)
Will you really call for strike action if a time value for toilet stops is not itemised in any new duty ?
PS : What is ir framework ?
You also state "in royal mails case the above is irrelevant as we have the CWU and the ir framework,
so we operate under different characteristics on normal contractual employment law
royal mail call it executive action
we call it industrial action"
How or why is a grievance of mine "royal mail's case" ? and you suggest options of disagreement as " irrelevant as we have the CWU and the ir framework" so we operate under different charactersistics on (to ?) normal contractual law"
With all due respect I can't quite understand the above... It sounds like shite to me. Not every employee belongs to the CWU. Some are unionless and others are trades union members through other Unions. If I feel the employer is acting unjustly I usually raise a grievance and an outcome is reached (either positive or negative)
Will you really call for strike action if a time value for toilet stops is not itemised in any new duty ?
PS : What is ir framework ?
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keithposty
- Posts: 918
- Joined: 22 Feb 2011, 11:44
- Gender: Male
Re: 20/20 or 40 minute break/ walk delivery span break
deckyboy
i take it you do not belong to a trade union or know how a trade union operates in an organisation with trade union certification
please confirm
Will you really call for strike action if a time value for toilet stops is not itemised in any new duty ?
that is a leading question for which i have not stated strike action and i object to your insinuation of that fact
i take it you do not belong to a trade union or know how a trade union operates in an organisation with trade union certification
please confirm
Will you really call for strike action if a time value for toilet stops is not itemised in any new duty ?
that is a leading question for which i have not stated strike action and i object to your insinuation of that fact
Last edited by keithposty on 04 Nov 2011, 18:40, edited 2 times in total.