Not getting paid for lunch break

[justonemorepie]

At the moment I am not getting paid for my lunch break however this is not stated in my contract.

How do I go about raising this issue with my employer?
Does anyone know if they can do this ie not pay us for our lunch break without mentioning it in our contract?
Thanks for any advice!

I think its fairly usual not to have a paid lunch break. What does your contract state?

I've never had a paid lunch break

I have never been for a lunch break either.
how many hours are you contracted to work?

*Paid

It doesn't mention it at all. Also we have a working lunch break where we can't leave the premises and we are also expected to carry on duties as normal. I work with children and we can't leave the building because the adult to child ratios would be out. We often end up answering the door and the phone and not really getting a break at all.
Do you think it should be mentioned in the contract that we won't be paid for our break?

It is very usual not to be paid for your lunch break. So you may work a 40 hour week but your actual working will be 8.5 hours from 9 - 5.30, for example of which 30 mins is unpaid for lunch.

That is two separate things, if you have a break then you should have a real break.

I work 23 hours a week across 3 days.

Thanks for the input. x

Hmm yes I agree. If you're expected to be o. Site and working you should be paid. Wonder whether they're legal

Do you work more than 6 h without a break

I think it's pretty standard in a care environment (but also wrong) it happens where I work too and we can do 14 hours with a break away from the clients.

14hrs! I think it is the standard in care and it's rubbish!

Work 8hrs with a 30 minute lunch break.

We used to get lunch provided in lieu of being allowed to leave the building as well as being paid right through. That was in 3 different care environments. When I did the same in schools I didn't get paid or get fed despite not being allowed to leave and being on duty.

If you are not paid, then you shouldn't be working during your break.

Also for every 6 hours you work you are entitled to a 20 minute break away from the children.

I would definitely raise this.

we have a working lunch break where we can't leave the premises and we are also expected to carry on duties as normal. I work with children and we can't leave the building because the adult to child ratios would be out. We often end up answering the door and the phone and not really getting a break at all.

Do you work in a nursery in England? If so, then there are rules within EYFS2012 about staff ratios and it makes it clear that ratio applies to staff who work directly with children. If you are having lunch in a staff room, you are not working directly with children and thus are not in ratio.

So as you mention working with children, does EYFS apply to your work? Could you perhaps use that as leverage to persuade management that your lunch break should be a real break, not still be counted in ratio and not doing other tasks such as answering then phone/door?

Thanks nannynick, the EYFS does apply to my work and I will look into the point you have raised. I've got a meeting next week so need all the relevant info when I raise the issue.

I work in care and have never had a break, even during 14 hr shifts, we are not allowed to leave the building and always have to be on hand to answer phone, deal with service users etc

justonemorepie
If you are contracted to remain on the premises and are counted in numbers then you are entitled to be paid for your lunch break.
If you are not paid then the company cannot dictate to you when and how you spend your break
You are also entitled to spend time away from the areas used by the children on oyour breaks according to the EYFS
I also work in a nursery and know first hand how difficult this area can be.
Your contract should cover all this