Job problems

sunirl

Hi all. I will keep this as brief as I can but am looking for advice. Been working in the same job full time for over 20 years. We always got paid for our 30 minute breaks all along until recently. Got no official statement, e mail, nothing. Just all word of mouth and then all of a sudden, getting paid for only 36.5 hours even though would be clocked in for 39.

Even though I’m there 20 years, I never had a contract until maybe 6-7 years ago and it says on that, about break entitlements and that they aren’t paid. However we always did until now. Just feel it’s very unfair that there was zero communication on this, only being drip fed info and then it just happens. Basically have to work 41.5 hours now to get paid for 39. I know I’m probably clutching at straws but is there anything that can be done. Any help or advice appreciated.

spaceHopper

Tell them your bill are the same and you need a pay rise, long term this will cost them more money as any over time will be paid a higher rate. They may rethink the policy

sunirl

Any over time is paid at the same rate so that doesn’t make a difference. Thanks though

kennethsmyth

https://www.boards.ie/discussion/2058215188/job-problems

WRC time as paid all this time would be an implied term, the fact they gave you a contract so long after you started working with them could make the term of non payment of breaks in it invalid.

AndrewJRenko

If you're in a Union, this kind of thing is their bread and butter. If you're not, maybe you should be.

RaggyDays

You said you were not given a contract till a few years back but you don't need a written contract to have a contract. The original verbal contract paid you for your lunch breaks so they could not change this unless you sign a new contract allowing them not to pay you which by the sounds of it that is what happened.

You made a bad blunder, if you were with them that long without a written contract you should have told them either pay up or you will stick with the old verbal contract. That would leave them with a choice of either paying you to agree to the new contract or else they would have to leave you be.

Still they continued to pay for 6 years after so they have established a payment or a new term on your contract.

Either way the easiest way to fight them is to join a union, so you'd have to ask the others if they would be interested, if so ring Siptu and they'll take it from there. But don't be surprised if the place is full of sheep and you are the only one with an issue. At which point I'd advise leaving it be.

The other option is go to an employment solicitor, but that'll cost you up front.

Red Hare

Your employer has established a “ custom and practice” of paying you for breaks over a long number of years and this makes it an implied term in your contract of employment.

You could raise it as a grievance with your employer.

The longer they have paid you for breaks the stronger your case will be.

If you and employer cannot resolve your grievance you can always refer it to the Wrc under the Industrial Relations Act.

Hopefully you can come to an agreement .If you have been with them a long time your grievance has more more validity -=the measure is probably aimed at more recent employees . Compromise and alternative solutions could be a topic for discussion.