implied consent - employment changes

[steviemac]

http://www.direct.gov.uk/en/Employment/ ... G_10037109" onclick="window.open(this.href);return false;

Has anybody used this to avoid enforced changes at work . My understanding is that if you take on extra work it will form part of your contract after a period of time without the need for written confirmation. Equally if you decide to take lunch break at end of a delivery rather than during it (early finish) and this has been standard practise for several years then management have by default agreed to it(consented). We have a situation where a walk is to be lapsed(done for free) for two days saving 14 hours and i believe this will become part of our contract after several months - we have consented to it by doing it .

In short turn a blind eye for a period of time it becomes legally acceptable despite official contract saying otherwise.

[stokes11eg]

http://www.direct.gov.uk/en/Employment/ ... G_10037109

Has anybody used this to avoid enforced changes at work . My understanding is that if you take on extra work it will form part of your contract after a period of time without the need for written confirmation. Equally if you decide to take lunch break at end of a delivery rather than during it (early finish) and this has been standard practise for several years then management have by default agreed to it(consented). We have a situation where a walk is to be lapsed(done for free) for two days saving 14 hours and i believe this will become part of our contract after several months - we have consented to it by doing it .

In short turn a blind eye for a period of time it becomes legally acceptable despite official contract saying otherwise.

Yes, you are correct,said this a while back--do not be taken in when Management claim it is a 'trial' and things will revert if the trials do not work.It never does, and it is too late to shout out after the deed is done.
It becomes 'xontractual by'habit'

[steviemac]

thank you stokes11eg . . can the powers that be promote the link please and lets get it out there as summer lapsing nearly upon us

[Himaggen]

What a load of tosh; The changes you're talking about are not changes to the duties which you are employed under contract to perform for your employer.

There is no change in your contract, your terms do not specify walks etc. they simply state that you perform your assigned duties for a specified time and for an agreed remuneration. This still stands, your employer can assign you to a different duty every day and request that you undertake some of a lapsed duty too, your terms are still the same, when your specified hours have elapsed, you are not contracted to do any more. If the lapsed duty is covered before or after your assigned duty for that day it doesn't matter, you are not being forced to work for free by exceeding your contracted hours.

I would suggest that even with job and finish, (introduced as the dangling carrot when moving to single delivery), that an employment law professional would still not be able to define that as 'single delivery duty and home', it would be 'assigned delivery work and home'. Essentially the job and finish can be defined as an implied term, but your delivery work cannot.

[Big Daz]

Himaggen has it spot on,your hours are your hours no matter what work you are given to do.

As for the meal break wouldnt that be illegal under current working time laws?

[robd]

I think from memory that is actually illegal for an employer to insist you have your
break at the end of your shift.
Obviously most people choose to do it,because it suits them,this whole culture could
become a thing of the past,as rounds increase and the union looks at ways
of protecting a full time duty.
in terms of the original question,i think what your saying is once you take on a new
responsibility the 'precedent' has been established.
Currently it's accepted that traffic has dropped on a Monday and Tuesday,and so we
are lapsing a duty on both these days,and as you suggest i cannot see this position
reverting back.

[steviemac]

i provided a link to demonstrate not hearsay or opinion , happy to take on board contradictory opinions but supporting evidence would be nice, clear up the confusion once and for all eh ?
Flexible working allows some movement in meal breaks http://www.direct.gov.uk/en/Employment/ ... G_10029491" onclick="window.open(this.href);return false;.

[Himaggen]

i provided a link to demonstrate not hearsay or opinion , happy to take on board contradictory opinions but supporting evidence would be nice, clear up the confusion once and for all eh.

Business or operational changes happen everywhere, the fact remains that you are employed to deliver an unspecified amount of mail for a contracted number of hours and for an agreed rate of pay. Lapsing one or more duties hasn't changed that fact therefore your employment terms have not changed, implied or otherwise.

[steviemac]

3.5 hours delivery span , finish within that ,add on your break(whatever time you take it) then any spare time should be utilised . RM management , good luck with that.

[Big Daz]

That constititutes savings which reps are not allowed to agree to

lapse a round when sick leave in place as thats simply a matter of not putting hours in but if the DOM wants to lapse simply because the mail is down then thats savings!

[stokes11eg]

I think from memory that is actually illegal for an employer to insist you have your
break at the end of your shift.
Obviously most people choose to do it,because it suits them,this whole culture could
become a thing of the past,as rounds increase and the union looks at ways
of protecting a full time duty.
in terms of the original question,i think what your saying is once you take on a new
responsibility the 'precedent' has been established.
Currently it's accepted that traffic has dropped on a Monday and Tuesday,and so we
are lapsing a duty on both these days,and as you suggest i cannot see this position
reverting back.

Guys-there are many sites (up to date information) which explains the LAW regarding implied consent.somewhere on another Post.I gave a link to some of these.It is not a load of 'tosh'.i remember in my previous job.we had always been given anextra tea break. When a new boss came, he tried to do away with it, but couldn't because it had been adopted by habit and repute. When time permits, i will look up the links again and you can read through tem yourselves. Cheers.

[bandit650]

Meal reliefs under the working time Rules are you must under the law take a 20 minute break if your duty is longer than 6 hrs this break must be in the middle of your duty time, at no time must your break be allowed to be taken at the end, the max hrs you are allowed to work without any form of break is 5 hrs,Royal Fail gives us 40 mins for our break so we should take it as thus we are not by law allowed to take any or part of that break at the end,this is also counted under Health And Safety Regs.We have just been through this in our office and it kicked up some of the same comments because we had been allowed to put our break on the end of our duties but some had been taking 20 mins then taking the rest later or at the end this has been stopped for some and not for others so we now have an office split 3 ways.Let you know what happens next as it has caused some very nasty arguments thanks to the managers!

[TrueBlueTerrier]

From the horse mouth: http://www.direct.gov.uk/en/Employment/ ... G_10029451" onclick="window.open(this.href);return false;

Rest breaks

Most workers have the right to take breaks, but whether or not you are paid for them depends on the terms of your employment contract. There are special rules about rest breaks for some types of worker - especially those working in the transport industry.
Types of breaks

You will normally have a variety of different breaks from work. These can be broken down into three types:

* 'rest breaks' - lunch breaks, tea breaks and other short breaks during the day
* 'daily rest' - the break between finishing one day's work and starting the next (for most people this is overnight between week days)
* 'weekly rest' - whole days when you don't come into work (for many people this will be the weekend)

The second and third types of break are almost never paid unless you have to remain 'on call', meaning you are available to work. The first type is often paid, but doesn't have to be unless your contract says so.


How much break time do you get?

The amount of break time you get is usually agreed with your employer. It may be written down somewhere (eg in your contract of employment) or might just be part of your employer's standard practice.

Your employer must give you at least the rest breaks required by the Working Time Regulations. They must also ensure that your health and safety is not put at risk. This means that your employer might have to give you more than the amount set out in the regulations, if this reduces a health and safety risk.

Young workers

If you are under 18 but over 'school leaving age', you are classed as a young worker and have different break allowances to adult workers. You are under school leaving age until the end of summer term of the school year in which you turn 16.


Rest breaks - a break during your working day

If you are an adult worker (that is, over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch.

A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.

The requirements are:

* the break must be in one block
* it cannot be taken off one end of the working day - it must be somewhere in the middle
* you are allowed to spend it away from the place on your employer's premises where you work
* your employer can say when the break must be taken, as long as it meets these conditions

Daily rest - a break between working days

If you are an adult worker you have the right to a break of at least 11 hours between working days. This means as an adult worker, if you finish work at 8.00 pm on Monday you should not start work until 7.00 am on Tuesday.
Weekly rest - the 'weekend'

If you are an adult worker you have the right to an uninterrupted 24 hours clear of work each week or an uninterrupted 48 hours clear each fortnight.

[stokes11eg]

Hi, Stevimac--if you go onto the web, and google up the department of Business enterprise, and regulatory reform-
you will find out all you need to know about 'implied consent' carrying out certain duties (Even when not in the original contract) does become contractual by habit and custom, if carried out over a period of time.
As a guideline some companies can get away with this after changes have been in placr for only a few weeks.
And this is LAW.

[steviemac]

Some different perspectives and useful links which is what this site should be about . . thanks all for comments and hopefully information will sort out our problem .