Advice really needed - Regarding Contract Change

[CLAHE1416]

I have worked at my company for 10 years and always worked 9am-5:30pm.

My contract states "The Employee shall work for a minimum of 42 hours per week, between Monday and Friday"

I have a new manager and she has turned around and said it's always been wrong and it doesn't included my lunch break and she wants me to start working an hour longer 9am-6:30pm.

This is just impossible for me as I have 2 young children at home and I wouldn't get home till 8pm which is to late.

Where do I stand as my contract is right 42 hours working with out lunch break is 9am - 6:30pm but I have been doing 9am-5:30pm for 10years with it never
being questioned before.

I'm very great full for any advice.

Thanks

So you work through those hours with no break? I am not sure that is legal! Contact ACAS, they will be able to help.

Yes, you are legally entitled to a break from work after a set number of hours.

If it's possible I would strongly advise you to join a trade union, either one appropriate to your sector, or one like Unite or the GMB.
You have a legal right to join a union and cannot be discriminated against for doing so.

I’m assuming that you worked 9 - 5.30 and had an hour’s lunch break, which you’ve been paid for? So they’re now saying you won’t be paid for your lunch break and have to work an additional hour as a result.
You need to check to see if your contract states your break times and whether they’re paid or not.
The worst case scenario means you may have to work 8 hours 24 minutes a day with lunch breaks being in addition to this. You could do 8.45 - 12.15, then 12.45-5.45 daily. Lunch break would be 12.15 - 12.45 (or any 30 minute period in the day)
You could point out that the hours have been worked for 10 years, so have become normal practice and as such form your contract - contracts dont have to be written, they can be based on normal practice.

I think it boils down to what it says in your contract of employment as to whether your lunch breaks are paid or not, so you need to check that.
If they are not paid, could you ask to work through your break, so you retain the 9-5.30 hours. Would mean you would have to grab a sandwich at your desk or similar while you continue working. Or drop to a 40 hour week?

If you work 42 hours over 5 days you need to be working 8.4 hours per day (I think that .4 of an hour should equal 24 minutes).
You are entitled to a minimum break of 20 minutes after 6 hours.
So if you start at 9am , have 20 minutes lunch and finish on time you should finish at 5.44pm

(FWIW I am not a HR bod, I just did the maths)

Thank you for your helpful advice,
Yes I have always worked 9-5:30 and had an hours lunch break fro the last 10 years.
There is nothing in my contract about break times. It just states "The Employee shall work for a minimum of 42 hours per week, between Monday and Friday"

My thoughts are the same contracts dont have to be written, they can be based on normal practice, verbally, for example during a conversation.

I don't want to lose my lunch break, as my job is very stressful I can't go 8 hours without somekind of break.

Gov link about breaks

@CLAHE1416

so your contract doesn’t state what your start time etc is ? Or whether breaks are paid or not? How did you know to come in 9am and leave at 5:30 ? Some one must have told you they were your hours ? Check your initial offer letter aswell as contract

Usually lunch breaks are unpaid. You could of course ask to take a shorter lunch than an hour but I think they are within their rights to expect you to work for 42 hours per week unless lunch is included in your contract?

Nope my contract just states "The Employee shall work for a minimum of 42 hours per week, between Monday and Friday" there is nothing in the company handbook either.
My previous manager told me to work 9am till 5:30pm when I started 10 years ago and thats what I have always done.
I have check my initial offer letter as well and there is no times on it.

I'd argue custom and practice given you've been working that pattern for 10 years and you're not prepared to change it.

I'd also phone ACAS though and get their input on the situation.

Seems very unfair that she's trying to change things now after 10 years!

New manager syndrome. This is all about her, the hard woman making herself look good to her superiors.
Totally shitty for you, though.

My Civil Service contract was for 42 hours but we worked 37 hours. I would join a union or speak to an employment lawyer for clarification.

I wouldn’t want to say definitely without seeing your contract working, but it is quite possible that your new manager is correct and you have not been working your proper hours these last ten years. Lunch time / breaks do not need to be paid and if your work is very time based / on the clock, I would probably not expect it to be paid. That said a 42 hour week is a long week.

If new manager is indeed correct about the hours, I disagree that custom and practice comes into this, this would be purely a case of you not fulfilling your contracted hours. That is like saying if you had discovered your employer had been paying you 50p an hour too little all these years that it was hard luck as it was “custom and practice”.