New job - hours misunderstanding

[AllCocomelonedOut]

Hi, I just wanted people's opinions. Long time lurker, first time poster.
I recently went back to work after having 3 children, so I have been out of work for almost 7 years but before this I had a steady job. I have recently started a new job, 1 month in, and always worked 9-5.

My contract states the role is 40 hours per week, including a 1 hour unpaid lunch. This is flexible, as long as I work my hours. However I have noticed that actually, people are working 8.30-5.30, and this would make 40 working hours, plus 1 hour unpaid lunch, so 45 hours per week. I've always had 40 hours in contracts but it always meant 9-5 with the lunch hour unpaid.

Although it's only an extra hour, it means I can't actually drop the kids off and pick them up, so the job hours aren't right for me. However it was never made clear in the interview or by anyone that the hours were 8.30-5.30, nor has anyone raised it with me or even mentioned it, its only something that I've realised from speaking with others.

Would you raise this? If so, what can I expect to happen? Have I breached my contract, am I a lousy worker? I need to be in a 9-5 role maximum, so if they say the hours are non negotiable I will have to leave surely? It seems a shame as its a great company and they've trained me in the role.

Any advice would be appreciated.

If you are working 9-5 and taking an hour for lunch then you are only working 35 hours a week. Working 08.30 until 5.30 is a 40 hour week, the lunch time is unpaid, but you cannot say people are working 45 hrs because they are not. Hasn’t your manager mentioned it?

I don't think I understand - surely 9-5 with an unpaid 1 hour break is only 35 working hours? So you've not worked enough in previous roles? Does your contract actually state the hours of work as well as hours to be worked? The detail is in there surely?

Agree with ^^ your lunch hour isn't paid so it is a 40 hour working hours contract. Suggest you have a frank discussion with your manager ... maybe your contact can be reduced to 35 hours per week. But it's a pretty basic situation surely you didn't expect to be paid for the lunch hour?

Can you offer to just take a half hour lunch which would bring you up to 37.5 hours?

9-5 is only 35 hours a week when the unpaid lunch break is taken out.

Have colleagues not mentioned this to you? They’ve likely noticed that you’re arriving late and finishing early so I’d recommend having a conversation with your manager before it becomes a point of contention.

Can you offer to do two late nights to make up the difference? Or reduce down to a 35 hour week?

Agree with others that this sounds like your misunderstanding unfortunately.

I would contact them asap and request the change of hours (obviously for proportionally reduced pay).

My employer would have no problem agreeing to this, but obviously others would say no.

I work a 35 hour week.
I work 9-5 or 8-4 or 8.30-4.30, or whatever times I like. I have an unpaid hour a day for lunch, though sometimes I take half an hour and finish or start earlier.

40 hours per week, including a 1 hour unpaid lunch

If the 40 hours includes the unpaid lunch break then you need to be working for 35 hours a week. Which would be right if you're working 9-5 which is 8 hours less a lunch hour.

I would clarify before it goes on any longer. You don't want people to be talking about you, better you bring it up than someone else.

Sounds like you’ve misunderstood the contract. I do 40 hours and do 8 hour per day plus however long unpaid lunch break per day. 9-5 wouldn’t be enough.

either cut out your lunch break or ask to reduce hours to 35.

Do this and take the proportional small pay cut from 100% or offer to do one longer day/ two and a half hours from home after the kids are in bed if you absolutely need the 100% salary.

Try asking to work 9-5 with a half hour unpaid lunch break, so 37.5 hours.

I work 9-5, 35 hours.

My contract states the role is 40 hours per week, including a 1 hour unpaid lunch

Is that exactly what it says? 40 hours including 5 unpaid hours? So 35 paid hours?

All you can do is go and talk to your manager, surely?

I absolutely agree that I have clearly misunderstood, however all my contracts previously have always stayed 40 hours including an unpaid lunch, and the hours were always 9-5. This would make 40 hours a week, but only 35 working hours. My contracts have never said 40 working hours. I've also asked a few friends what their contracts state, and they are 40 hours with an unpaid lunch, so again it would make a 35 working hour role. I just believed this is what I was doing, as I have been working 9-5 which would make 35 working hours, plus 1 hour lunch (which I haven't really taken as I work from home) which makes a 40 hour week. As you can't legally say no to an hour lunch, I thought that was included in the total hours on the contract.

I will absolutely be bringing this up with my manager as I will need to reduce the hours or salary or whatever, I just wondered if they would sack me outright or whether they will understand where the confusion has come from.

I appreciate all of your replies, thank you.

I think you realise the misunderstanding is yours, so hopefully people will stop telling you about the hours thing soon.

But anyway, if you can get the job done in the hours 9-5 then approach your manager about changing your hours. You might have to reduce your pay alongside the hours reduction. Do you NEED an hour lunch? Can you manage on half an hour lunch so you’re doing a 37.5 hour week?

If your shorter hours didn’t impact (a) team meetings or (b) be unfair to others who may have requested altered hours then I hope they’d consider

What do you mean you can’t legally say no to an hour lunch?

As you can't legally say no to an hour lunch

This doesn’t make sense, legally you are entitled to a 20 min unpaid break if you work over 6 hours. So work don’t need to give you an hour at all. It’s clear you’ve misunderstood your contract, I’ve never come across one that states what you say all your previous jobs have said, I don’t think that’s the norm.

Why can’t you legally say no to an hour lunch? It isn’t law that you have to have an hour. I generally have half an hour.

I thought that an employer had to give you an hour lunch if you worked a certain amount of hours, that's always what I've been told in my jobs? That it was unlawful for an employer to make you work without sufficient breaks.

Yes my contract specifically states "40 hours per week, including a 1 hour unpaid lunch break", which is why I thought it meant 9-5, plus 1 hour lunch 5 days per week = 40 hours. I know I've misunderstood but I also think that maybe this should have been clearer somehow.

What’s the exact wording on your contract?

www.gov.uk/rest-breaks-work

No OP, it’s not an hour.

No, you have to legally be given 20 minutes every 6 hours worked. You can’t go over 6 hours but you can take your 20 minutes earlier in the day so long as the time after the break to finish isn’t more than 6 hours.

Negotiate hard with your company but remember what they do for you, they have to do for others or you will be very unpopular.

Assuming you're in the UK, you can't take less than a 20 minute lunch break.
(If the shift is over 6 hours. Up to 6 hours they don't have to give you a break at all.)

I've never been allowed to take a whole hour for lunch break! 30 mins (unpaid) was in our contracts.

On 12 hour shifts, 30 mins unpaid plus 2 x 15 mins paid "tea breaks". Not allowed to take the breaks together to make a longer time off, so 45 mins break in a row.
(And the 12 hour shifts were actually 7 am to 7.30 pm, because you don't count the lunch break in working hours)

So maybe you could take a shorter lunch and be allowed to leave earlier?

Hope it works out.

40 hours working plus your breaks so 5x9 hour days are pretty standard. 37.5 hours is a fairly standard full time contract, so perhaps you could negotiate half an hour lunch.
If there is some flexibility in how you do the hours then could you do a couple of longer days and a couple of shorter?
Did you not clarify at any time the working hours? I have worked full time all my life with the expectation that the paid hours are similar to what your colleagues are doing. How much would they want you to stay? Do you have much hope of being able to negotiate or would it cause bad feeling with the team do you think?