Enforcing of lunch breaks

[bingo1]

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

@OnyxOryx is correct, @bingo1.

However, if your working hours are 8:00-4:30, 5 days a week, you are working 8.5 hours a day, which is 42.5 hours a week. Taking off your lunch break of 30 mins a day, (2.5 hours a week) you are working 2.5 hours over your 37.5 hour contract.

What are your present hours and what do you want them changed to. You can't work through for 7 and a half hours with no break. It simply isn't allowed. If your firm has decided lunch will be 30 minutes that is quite reasonable and standard.

It might not be specific in your contract (although if your working hours are, surely your break is defined by these?), but it could be specified in one the organisation procedural documents and you contract most likely has a statement to say you have to adhere to these.

I've worked few places with flexi time and in every one the lunch break had to be a minimum of 30 mins. In the one where we clocked in and out, if you clocked back in less than half an hour you still had half hour deducted. A mandatory half hour lunch break is very standard.
If you are going to insist on only going on what your contract says you'll end up working 8 1/2 hours a day so I'm not sure why you are querying that there might be additional policies.

Yes they can enforce it. We have a automated flexi recording system and once you go have been clocked in for 6 hours it automatically deducts 30 minutes. So if I work 7.5 hours straight, it would deduct 30 minutes.

OP, I’ve read your other thread. There is no way they will agree to flexi working now.
You were foolish not to wait for a response from HR.

@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

If you are working 8.00 to 4.30, 37.5 hours a week then your lunch break is an hour.

If you have flexitime and you have to do 37.5 hours a week between those times, you just need to check with your employer how long your lunch break has to be. The fact the statutory minimum is 20 minutes doesn’t mean that’s what it will be where you work.

OP's hours as stated in her contract are irrelevant - she's been working a different shift pattern for a number of years so the new pattern has effectively now become her contracted hours.

[quote JaneExotic]**@OnyxOryx* is correct, @bingo1*.

However, if your working hours are 8:00-4:30, 5 days a week, you are working 8.5 hours a day, which is 42.5 hours a week. Taking off your lunch break of 30 mins a day, (2.5 hours a week) you are working 2.5 hours over your 37.5 hour contract.[/quote]
I should have done the maths! I did think it was weird to only have a 30min lunch break, it's usually an hour. So now you've got bargaining room OP. They can either give you an hor for lunch or they can let you leave early/start later/give you two 15min tea breaks one AM/one PM. It's still their choice which though.

*hour for lunch

www.mumsnet.com/Talk/employment_issues/4395162-Intimidation-at-work

@Midgetwithaplan

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.

Not for every 6 hours. For 6+ hours. If you work 14 hours you’re still legally only entitled to 20 mins unpaid break.

Here is a guide from ACAS on what a contract is www.acas.org.uk/what-an-employment-contract-is

As you'll see there is a section on 'implied terms'.

Things like the law saying that everyone needs to have a break would be an implied term. It is implied that a U.K. company will follow U.K. employment laws. That's why it doesn't explicitly state in your contract that you need to take the break that the law says you need to take.

Honestly you sound like the kind of person I hate managing and at this point it appears you've made enough of a tit of yourself at your current workplace that finding a new job would be a good option. As part of that process you should take the time to reflect on how you have interacted with your employer and whether you could have taken a more professional approach which would have benefitted you.

I have come across someone in a work situation arguing what you are. You want to work say 9-4.30pm with no lunch break. Yes they can make you work say 9-5 pm with a half-hour lunch break.

The minimum requirement is 20 minutes after 6hours but check with your HR about company policy .

Ah you’re like one of my team, wants to ‘work through’ her (hour) lunch every day and finish at 4.30pm when there’s loads to do in the last hour.
Disclaimer: I’m very flexible with this happening on occasion (or at least for half an hour) but a lot of our customers need calling up until 5.30pm.

@bingo1 the law takes precedence over any contract so if the law is that you must take a 20min break after 6hrs this is what your employer should ensure, regardless of your contract.

Your contract does not override the legal requirement to have a break. This means whether it's the employers trying to prevent you from taking one or whether it's you wanting to go home earlier, taking the lunchbreak at the end of the day, it's totally irrelevant; you have to have that break in the timeframe specified by law.

Frankly, considering the grief so many people have in getting their legal entitlement to a break, I'd look on this as at least your employer wishes to keep within the law.

Your contract states your working hours as 8:00-4:30 therefore you have signed the contract to say you will work between those hours which included the lunch break whether it is unpaid or not.
You could ask to have your lunch break at 4 but it would single you out as a problem employee who doesn't care about the job

@squiddybear

Your contract states your working hours as 8:00-4:30 therefore you have signed the contract to say you will work between those hours which included the lunch break whether it is unpaid or not. You could ask to have your lunch break at 4 but it would single you out as a problem employee who doesn't care about the job

But from the other thread the hours have changed over time and the OP is also trying to unilaterally change her hours which the company is refusing.

She’s unlikely to be getting Employee Of The Month anytime soon.