To take a 30 min lunch break?

[RainMinusBow]

I work ft - 8.30 until 4 pm as a SEN keyworker. In my contract is half an hour lunch break which is unpaid. My lunch is 12.45 until 1.15 pm when I imediately return to 1:1 support of another child.

The issue is that between 12.15 and 12.45 I am supporting a high needs little one 1:1 over some of his lunchtime. At 12.45 the whistle goes on the playground but he invariably refuses to go in and can take far, far longer to be cajoled into doing so.

One of the lunchtime supervisors pubically criticised me in a staff meeting today saying that I should forgo my lunch break if necessary to get this child in.

AIBU in thinking I am entitled to half an hour at lunch (unless of course in an emergency situation)?

YANBU. You are entitled to a break

Of course you're entitled to a break.... If operationally impossible... Uou need to take it later in the day... Surely to have a wee at least... And then add it to a time off in lieu

Nope. Not sure about the law in the UK but in Germany you have to have a 30 minute break if you work 6 hours.
If this lunchtime supervisor is so keen to get the child in - they can do it. You aren't paid for this time.

Who is his 1:1 when you are on your lunch break?

I would also approach your line manager to ask how you should manage that in future...

Presumably the critic would be completely happy always losing her break??

What was your reply to them in the meeting, OP?

What's stopping the supervisor getting him in? Are you the ONLY person responsible for this child? I think not. You are there to support the little one but you are not his sole carer at the school otherwise he would be the only child you see and your break would be given when there's someone else to support him. Take your break, you're entitled to it

If you aren’t paid you don’t work. If they want you to work then they have to pay you. Anything else would violate minimum wage laws.

2 things:

It seems like you are working unpaid overtime?

I understand that you are entitled to a 20 minute break if you work 6 hours or more - which you are.

You need to bring this up with your line manager or HR - do you work for a LA?

This is the thing...he gets me for half an hour and then nobody. The two staff on the playground with the rest of the kids say they can't cope with getting the other kids in as well as him. Hence why it is expected I do it!

So you need to be very firm: during this half hour you are not available, and management will need to step up and find cover.

They need to take their grievance to their line manager instead of criticising you for taking your (unpaid) break.

Either they take him in, or you take him in 10 minutes earlier so you get your break

The two staff on the playground with the rest of the kids say they can't cope with getting the other kids in as well as him. Hence why it is expected I do it!

Sounds like they are aware of the issue with this 30 minutes and you are being taken advantage of. Our LEA takes a very dim view of compulsory breaks not being adhered to. What would happen if you or the child got hurt and it transpired that you haven't been having your breaks? You need to raise this with your employer.

But they are right, too: if this student requires 1:1, it endangers him and everyone else for the same staff to be responsible for him and all the other children. It’s just not your problem.

No way, you are entitled to this break by law. You are not being paid for it either. These dinner ladies are being PAID during the lunch period.

I've taken it to my line manager and hopefully she's supportive. She usually is and also knows I'm almost 9 weeks' pregnant. Thank you, thought I was maybe being overly sensitive?

As a former midday supervisor I can see both sides of the argument. Of course you are entitled to your lunch break. But I was also add that MDS's are paid pennies and are expected to do overtime at the drop of a hat. We finished at 1.30 but teachers frequently didn't come out to the playground until 1.40 sometimes. That doesn't sound a lot but when it's day in, day out you get pretty pissed off with it.

So school need to come up with a plan that allows you to take the lunch break that you are entitled to, and lets the MDS's go at their allotted time.

They do go at their allotted time as he is always in by then. The teachers are very good at being ready to take in their classes. I only get paid about one pound more per hour than a MDS as a SEN TA with 15 years' experience so I know how it is to deal with a low wage.

You need your lunch break. School need to provide cover for that.

As this is a regular occurrence, why not ask if your lunchbreak can be taken either before or after the extra playground support is needed?

Do I stay until I can get him in before I go for lunch? This could mean only getting about 15/20 mins break but at least I would not be reprimanded to leaving the other members of staff to get him in?

@RedDiamond The class teacher I work for won't authorise that as she wants me to support my other 1:1 child in class.

You absolutely do need to take a break! 1:1 support is very draining and you need that breather.

If midday supervisors can't cope, they need to take that up with their line manager.

Oh no! I truly believe, in the environment you are in, that you DO need a break.