In Kocur vs Angard Staffing ( please read)

[tabact]

The problem with the EAT decision is that it found there had been no financial loss due to the enhanced hourly rate. Angard could just turn round and say 'you now have paid breaks' and lower the hourly rate. The discrepancies in length of breaks between us and RM staff would have to be removed or it would probably need another tribunal ruling. You haven't lost out financially by having unpaid breaks.

The final line in the analysis of the findingd is the important one, it would need further tribunals to rule on the break situation.

However, Royal Mail appear not to have appealed against this ruling and the Tribunal's view on this point will therefore not be binding on other Tribunals.

A call to ACAS should probably be the first move for clarifying the current situation.

[tabact]

However, Royal Mail appear not to have appealed against this ruling and the Tribunal's view on this point will therefore not be binding on other Tribunals.

I know they are referring to the matter of swipe cards in the quoted sentence but none of this ruling appears to be binding on Angard or Royal Mail. You have to remember the original tribunal found in Angard's favour.

[Navalron]

Be very careful what you wish for. RM have been very generous in interpretation of the AWR rules. Most other firms make sure that you never get qualified/reach week 12. They pay you off about week 10/11. I'm surprised that RM haven't done this as anguard was set up to cut costs/benefits. They don't rehire you for 28 days bring you back for another 10/11 weeks and the sorry affair continues. Complain and your out never to be phoned again. Why the hell the union allows this bullshit to exist is beyond me. Mail centres used to be a place where you could make good money with o/t unlimited and schedies and docket everyday. Its now f.....d.

[Jizzmeister]

This is something we are entitled to and shouldn't be worried about what Angard will do, is this not the law according to AWR and European law? People need to get their heads out of the sand and stand up for what is right

[tabact]

This is something we are entitled to and shouldn't be worried about what Angard will do, is this not the law according to AWR and European law? People need to get their heads out of the sand and stand up for what is right

I don't disagree with you but to actually get somewhere it needs enough people to complain and that will be very hard to achieve. Most people at my MC accept the breaks situation and are quite happy with the way things work and the rates they are paid. I've raised the breaks issue with Angard a few times informally and got an initial response then ignored. Having an ever changing contact at Angard doesn't help.

It would probably need another tribunal to determine whether an enhanced hourly rate to compensate for unpaid breaks is legal. It's not equal treatment for actual breaks but there is no financial loss. The holiday situation was clarified a few years back and paying a higher rate to comepensate for less holiday is now illegal, rest breaks needs the same clarification.

As I said in a previous post ACAS is probably the first port of call for advice. Maybe send an email to justsayit@royalmail.com they do reply but my past experience has been you just get a generic response but you never know, raise it with Angard and escalate to a formal grievance when they ignore your initial queries.

[nothingatthemoment]

This is something we are entitled to and shouldn't be worried about what Angard will do, is this not the law according to AWR and European law? People need to get their heads out of the sand and stand up for what is right

I don't disagree with you but to actually get somewhere it needs enough people to complain and that will be very hard to achieve. Most people at my MC accept the breaks situation and are quite happy with the way things work and the rates they are paid. I've raised the breaks issue with Angard a few times informally and got an initial response then ignored. Having an ever changing contact at Angard doesn't help.

If everyone buries their head in the sand, Angard will continue to walk all over everyone .
I think what Jizzmeister point is , to be treated equal to that of a comparable RM worker , which is the Law, under the AWR act 2010.
It is irrelevant that it might be difficult or not to get Angard to notice , the point is they don't adhere to AWR regulations on many points not just this one .