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45 replies
bingo1 · 07/11/2021 10:42
I am contracted to 37.5 hours per week with 30 mins unpaid lunch break. Having looked over my contract nowhere in it does it mention of a lunch break.
My questions is can my employer enforce me to take the 30 min unpaid lunch break or what grounds do I have to simply work 7.5 hours a day rather than 8 hours(with lunch break).
To answer the question of why would I want to take a lunch break is simply I would rather finish early and go home than add in an extra 30mins to my work day
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Midgetwithaplan · 07/11/2021 10:46
They have a legal responsibility to ensure that you have a 20 min break for every 6 hours that you work. The company and you may choose to ignore this, but they would be liable if anything happened as a result of you not having you break (fatigue causing a mistake, stress etc). So in my experience they can and do enforce it.
ChessieFL · 07/11/2021 10:47
Legally you are entitled to a break - I think it’s 20 minutes if working more than 6 hours - so they will enforce it to make sure they don’t fall foul of employment legislation.
LordEmsworth · 07/11/2021 10:48
Your employer is required by law to give you a 20 min break if you work over 6 hours. www.gov.uk/rest-breaks-work . It's not a punishment, they are meeting their legal obligations.
Not to mention, having a break is important for your wellbeing and the quality of your work. There are studies showing that judges are more likely to give harsh sentences at late morning than just after lunch - having a break is important!
Lemonsyellow · 07/11/2021 10:52
I am contracted to 37.5 hours per week with 30 mins unpaid lunch break. Having looked over my contract nowhere in it does it mention of a lunch break.
But you’ve just said there is mention in your contract of a lunch break. How can you say there’s no mention of it? You said so in the first sentence. Yes, they can enforce it. It’s the law. 20 minutes after 6 hours of work, I think.
bingo1 · 07/11/2021 10:56
Thank you all for taking time out to respond, much appreciated. I wanted to know were I stand from a legal point of view when asked. I refuse to give my employer any more of my time than I am legally obliged to give.
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bingo1 · 07/11/2021 11:02
Sorry Lemonsyellow
Just to clarify the 30 mins unpaid lunch break was stated by my line manager in conversation who was enforcing that I get a lunch break according to how many hours I work
There is no mention of this in my written contract hence the reason for posing the question.
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Moomin37 · 07/11/2021 11:12
Would it not be an implied term in your contract (as opposed to an express one)? I think they cover Acts and Regulations.
Lemonsyellow · 07/11/2021 11:18
Oh, I see. But the point still stands. You are not giving your employer any more of your time than you are legally obliged. The 30-minute break is your time to do what you want with - that’s why it’s unpaid.
Viviennemary · 07/11/2021 11:21
I think they can enforce this. I agree about the six hour rule.
dementedpixie · 07/11/2021 11:24
They are legally required to give you a break if you work 6+ hours per day. It has to be during the day and not at the beginning or end of the working period
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flowery · 07/11/2021 11:36
Your employer is under no obligation to let you work straight through lunch and go home early, indeed if they were to do so, that would be in breach of the Working Time Regs.
bingo1 · 07/11/2021 12:19
In answer to Moomin37, that is what I am questioning with contractual obligations.
My contract mentions nothing of a lunch break, so the lunch break is therefore one that is implied, given if what the manager says is true, and so falls under regulations which according to what is being said is 20mins for every six hours worked.
I want to make sure I have the answers to hand if and undoubtedly when questioned
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flowery · 07/11/2021 12:39
”I am contracted to 37.5 hours per week with 30 mins unpaid lunch break”
Is this not the case then? What does your contract actually say about working hours/times?
Viviennemary · 07/11/2021 12:40
You sound a bit of a nightmare employee before you've even started. Go carefully on this.
dementedpixie · 07/11/2021 12:49
Yes they can make you take a lunchbreak when they specify as long as its not at the start or end of your work day
Taking breaks
Employers can say when employees take rest breaks during work time as long as:
- the break is taken in one go somewhere in the middle of the day (not at the beginning or end)
- workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)
It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.
Unless a worker’s employment contract says so, they don’t have the right to:
- take smoking breaks
- get paid for rest breaks
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bingo1 · 07/11/2021 13:03
To answer flowery
I mentioned earlier in the thread that the lunch break had been expressed by management, not written into my contract, so it is one that is implied through regulations. This is what I was wanting to know so I know what it is employees are legally obliged to conform to with regards to lunch breaks.
Contract makes no mention of a lunch break and as for hours it mentions 37.5.
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jessmin · 07/11/2021 13:20
@Viviennemary
You sound a bit of a nightmare employee before you've even started. Go carefully on this.
Agree. If you want to simply finish as early as possible, request your lunch break be reduced to the legal minimum of 20 mins and finish 10mins early. But it does mark you out as a problem employee, is that how you want to play it?
I'm guessing you're working from home and so don't 'need' a break in the way you would in the office, and just trying to legitimately log off as soon as you can.
Bigfathairyones · 07/11/2021 13:26
Bingo, you've been given some advice on the other thread you started about intimidation at work and from this question, you don't appear to want to hear it, which I do understand. I would sit down with your HR people and see what you can do with regards to your contracted hours/previous working practice so that this doesn't end up in an employment tribunal/with lawyers. You need to speak to them. Good luck.
bingo1 · 07/11/2021 13:31
Exactly I want to get away from work as soon as possible. I don't wish to give up any more time than I am legally obliged to
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flowery · 07/11/2021 13:39
”Contract makes no mention of a lunch break and as for hours it mentions 37.5.”
No mention of times?
It’s not possible to work a 37.5 hour week without breaks, so it’s just a question of whether it’s a 20 break or longer. Perfectly fine for them to have it as 30 minutes, if you don’t have flexitime.
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bingo1 · 07/11/2021 13:43
To answer flowery
My contract says between 08:00 - 16:30
It is exactly a case of whether it is 20 mins or longer. Judging by the answers it looks most definitely to be 20 mins
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OnyxOryx · 07/11/2021 13:43
If the company is open from "X" AM until "Y" PM and everyone chose to work through their lunch break and leave early the company would be forced to close early, impacting their earnings. Lunch breaks for employees are usually staggered so there's always a few there to do the work answer phone etc. I expect you were also told a start and finish time either at interview/on starting/in contract. A verbal contract is still a contract. You can't choose your start/finish hours unless you have flexi-time.
What they can't do is decide how you spend your lunch break. They can't insist you stay in the building. So if you're being expected to answer work queries, phone calls etc when you're on a break then take yourself off elsewhere so you can get some peace. If there's nowhere to go because eg the place is tiny with no break room, it's on an industrial estate so nowhere to sit outside and you take public transport to work so no car to sit in, then make an "at lunch" sign for your desk, plug in your earphones and shut your eyes. Anyone disturbing you can then firmly be told you're at lunch and you'll come see them after, on repeat, until they get the message that you're not going to engage with them on work related matters until your break is over.
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Isolateykatey · 07/11/2021 13:45
Over 6 hours you need a twenty min break.
You’re seriously going to work 7.5 hours solid, actually working effectively, with no break? Of course you’re not. I presume you’re in an office environment where you can take toilet/coffee breaks when you want so you’d presumably want to use those to eat? Or eat while working?
You sound like a total pain tbh.
OnyxOryx · 07/11/2021 13:47
@bingo1
To answer flowery
My contract says between 08:00 - 16:30
It is exactly a case of whether it is 20 mins or longer. Judging by the answers it looks most definitely to be 20 mins
You're misunderstanding. The law says 20min minimum. Your employer chooses 30min, as is their right and this has been communicated to you. Therefore you have a 30min unpaid break during the working day. If you only take 20min, you can't leave early, you're just working an extra 10min for no reason.
Twickerhun · 07/11/2021 13:52
Based on your other thread I think you have bigger issues than if your lunch is 20 or 30 mins. Sounds like you have a total breakdown in working relationships.
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