Part time -breaks?

[Cassidy22]

Hi all, just looking for some advice/knowledge,

I recently became part time after returnung to work from maternity leave. I now work 3 days per week, the shifts change but always 8 hours long.

My manager has advised me that due to the fact that I'm only working 3 days a week, I'm not entitled to my lunch break. I am entitled to 2 x15 minute breaks during my shift, however these are unpaid?

Basically I've been advised I'm paid for 7:24hours per day which is the hours full time colleagues are paid for, however they have an unpaid lunch and 2x 15 minute paid breaks.

If this is correct then fine, however I feel that surely this can't be right? I know a colleague who's in the same situation re lunch/breaks however she's working significantly less hours than me.

Any advice/personal experience would be gratefully received.

[dementedpixie]

The law is 20 minutes if you work over 6 hours

Rest breaks at work

Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.

The break doesn’t have to be paid - it depends on their employment contract.

[Cassidy22]

Thank you for your reply. I've been told I'm only allowed 2x15 minute breaks, so will query the 20 minute break.

Not too bothered about the change, only that I know I'm not being messed around.

Baffling to me that I've been back for 3 weeks and this is the first time I've been told I can't take lunch, and only told due to manager overhearing plans I was making with a colleague for that lunch. I was told in a very curt manner in front of a few people that I was doing wrong.

As my manager is yet to set aside so much as 5 minutes for me since my return, I'm sure there are many changes to my work now I'm part time that I'm not yet aware of, oh dear!

[Sojo88]

That's ridiculous - if you're there 8 hours you're going to need lunch! Maybe you could ask instead to have one 30 minute break halfway through the day and have your lunch then? You can't eat much in a 15 minute break, that's not fair.

[daisypond]

20 mins is the legal amount and it doesn’t have to be paid. Breaks aren’t usually paid, in my experience.

[nerdsville]

Is your start and finish time the same as a full time worker's each day or are you working shorter days as well as fewer days each week?

Quite apart from the 20 minute break issue which has been covered above, I can't wrap my head around why they're expecting you to basically work through an unpaid hour's break, unless you've actually changed your start and finish times in some way so you're working a different shift to a full timer.

[dementedpixie]

What hours are you contracted to do?. They are giving you more than the 20minute minimum.

[heartsonacake]

You are legally entitled to one uninterrupted 20 minute break if you work more than 6 hours in a row.

So they are acting illegally if they won’t allow you this.

However, they do not have to pay you for your break, and most places don’t pay for breaks.

[heartsonacake]

They are giving you more than the 20minute minimum.

dementedpixie No, they are not. They are acting illegally.

OP is entitled to one uninterrupted 20 minute break for working more than 6 hours in a row.

Two 15 minute breaks are not legally acceptable, but one half an hour break would be. As would one 20 minute break.

[BrieAndChilli]

How many hours are you being paid for now as to how many you were being paid for when full time?
So current full timers work 8 hours but have 2x 15 min unpaid breaks and a 30 min unpaid lunch? Meaning they are paid for 7 hours a day?
Are you being paid for 7.5 hours a day? I’m which case the amount of breaks if correct (but a bit weird but should be 1 30 min break)
Have a look at you new contract for hours etc

[dementedpixie]

Do you have a new contract stating your hours/breaks?

[Cassidy22]

Hi everyone, sorry for the late reply.

To clarify, I'm working the same length days as full timers (8hours) just 3 days per week instead of 5. The full timers get 30 minute unpaid lunch and 2x15 minute paid breaks.

I've been told I'm not allowed to take more than 15 mins in one sitting if that makes sense, I can split my breaks into 6x 5 minute breaks or 3x 10 minute breaks but no more than 15 mins at a time which definitely limits my eating time.

I haven't been given a new contract since I changed my working pattern, nor have I even been spoken to about any changes that occur as a result. As mentioned above, it was purely the fact my manager was eavesdropping that I was told about not being allowed lunch.

I was hoping that I'd at least have some form of discussion with my manager after 9 months off, but if I'm honest it's just winging it! Still no idea about annual leave entitlement or anything.

[BrieAndChilli]

Your working day should be exactly the same as the other people working regardless of how many days you work if you are working the same hours.

[heartsonacake]

I've been told I'm not allowed to take more than 15 mins in one sitting if that makes sense, I can split my breaks into 6x 5 minute breaks or 3x 10 minute breaks but no more than 15 mins at a time which definitely limits my eating time.

That’s illegal, OP, and you need to tell them that. They’ll be aware, they’re just hoping you won’t be.

You are entitled to one uninterupted 20 minute break for 6 hours work in a row.

You need to have a serious word with your manager and tell them they can’t limit your breaks to anything under twenty minutes as it’s against the law. Take a printout as proof if it makes you feel more confident.