Unpaid, worked, hours since Christmas 2025

[greeenscreeen]

Hi all. I'm looking for some advice.
I work 30 hours a week, paid by the hour, 10-4 Mon-Fri.
At the beginning of the year I had to jiggle hours around a little for childcare reasons. So my week now looks like this:
Mon 10-2.30
Tues 10-4
Wed 10.4.30
Thurs 10-4
Fri 10-5
My boss was very supportive and happily authorised it, but there's a slight problem.
The company policy states that any work over 6 hours a day means an automatic 30 minute break - unpaid. I do not, and have never, taken a 30 minute break. It means that Wed I'm only paid for 6 hours (but work 6.5), and Fri I'm only paid until 4.30, so for 6.5 hours (but work 7). So every week since Christmas I've worked 30 hours, but only been paid for 29 of those.

Apparently my boss did tell me about this months ago. I say "apparently" because I genuinely don't remember that conversation, but I do have an appalling memory and I trust that she's telling the truth.
I have know for certain that I've been underpaid for a few months now. Problem is we still haven't sorted it. My boss is difficult to pin down - purely due to work load, and she's very overworked! So I keep putting it off so as not to add more pressure, but this obviously does need sorting.

So I'm asking for some advice. Do I have a leg to stand on to expect either back-pay, or TOIL? I know not sorting it myself probably makes it a grey area. I also don't want to get my boss in trouble as she is so supportive, but a very conservative estimate is that I'm owed at least over £400 (before tax). Does anyone know where I stand, and how I go about bringing this up, please?

AIBU to expect either back-pay, or TOIL?
Reasonable - These hours were worked so I am entitled to TOIL/back-pay
Unreasonable - I haven't sorted it so no TOIL or back-pay, silly silly woman for putting it off

You’d have to prove that you’ve not taken the break, however - the law is that when 6 hours are worked a min of a 20 min break must be taken. It’s your responsibility to make sure you take that break, so make sure you take it.

Its the law that you have to take a 20 min break once you have worked 6 hrs. I think it's the working time regs (or similar long time since I looked). So it's not just company policy.
I think you need to regularise your hours to 6 consecutive then stop. Or suck it up as a consequence of the flexibility

you have to be given a break of at least 20 minutes where you work more than 6 hours. They would be breaking the law if they didn’t give you a break. Presumably the policy has always applied? It’s not a new thing? So I’m afraid no I don’t think you will get anywhere with this. Start taking your breaks or see if they will let you reduce your days to 6 hours

I don't believe you have any chance of claiming it back. You should have been taking your break. Going forward, I suggest you have a conversation about moving your break to the end of your shift and either leaving 30 min early or having your hours adjusted to 31 to account for that.
I am contracted to work till 5pm but leave at 4,30 every day as agreed with my boss years ago that I will be working through my lunch. Technically, the employment law stipulates that it can't be done so we "pretend" I am working till 5 on official timesheets.

Why are you not taking your break?

What does your contract say? 29 hours or 30 hours?

I believe if you work more 6+ hours in a day then legally you must take a 20 minute break, but it doesn’t have to be paid, so I don’t think you’ve got a hope in getting any money. Maybe request it as TOIL and see what your manager says?

I work 32 hours a week: 4x8 hour days.
In reality I’m in work for 8.5 hours as I have to take an unpaid lunch break. I tend to work through it- but that’s my choice. Legally work can’t pay me for it.

but what’s your contracted hours. Do they say it’s 29 or 30?

@greeenscreeen It’s a health & safety issue. Under the Working Time Regulations you are entitled to a 20 minute break after 6 hours.

If an employer pays you for the 20 minute break they are effectively inducing you not to take your legal right to a break.

Breaks are there for your wellbeing but also potentially for safety reasons I.e. are you effective if you work 7 hours without a break or more likely to make a mistake.

You have to take a break if you work more than 6 hours so they don’t owe you anything.

Can you reorganise your hours so you don’t go over the six hour threshold?

That rota doesn’t fit 30 hours
I’d just suck it up for the convenience it working round pickups
are you honestly saying you never have any breaks and have nothing to eat or drink from when you start to when you finish

Another post to say they don’t owe you any money, they won’t be allowed to pay it as legally you should have had a break. I’m sorry but you need to start taking your break.

Ah bum - I guess I'll just have to start taking my full breaks, then!
Thank you all for the advice. ☺️

But if your cobtact states 30 hours then you need to be paid for 30 hours. BUT if you work anything over a 6 hour day then you would need to work longer ie: 20 minutes longer to accommodate the break.

https://www.gov.uk/rest-breaks-work

Take your break

Yes, you should have taken your breaks. But you did not. Your employer has a duty of care and they’re also required to comply with the national minimum wage. I’d give ACAS a call, and ask for guidance on getting access to the pay you are owed. Moving forward, take your breaks.