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New job - hours misunderstanding

61 replies

AllCocomelonedOut · 15/11/2022 19:18

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.

OP posts:
vivaespanaole · 15/11/2022 21:44

If the work is flexible enough to as long as you do your hours is not also flexible enough as long as you complete your tasks?

Does anyone actually even need to know?

Why not just wait and see if anyone is actually concerned?

As long as you are doing a good job who cares.

smileandsing · 15/11/2022 21:45

How do you know other people are working 8.30-5.30 with an hour for lunch, and not taking another hour out for school pick up etc, then just making up the time later? You say you're WFH so you don't see what they're actually doing.

Just ask when you have the meeting whether you are contracted for 40 hours work plus an hour unpaid lunch break each day, or 40 hours including an hours unpaid lunch break every day. Don't fess up to working less hours already, or go on and on like you've done here, you could end up negotiating yourself into less hours with a pay cut unnecessarily. And stop thinking you'll lose your job, of course you won't!
Clarify then rectify the situation if necessary. I hope you get the answer you want.

LemonsAndCherries · 15/11/2022 22:24

Op i still think you could be right. My hours are 9:30 to 5:30 officially but lots of us regularly log in before 9 and log off nearer 6. Your new colleagues may be doing the extra hour because it's the culture, not because they need to work 40 hours.

If it said 'including' you are probably right with working 35 hours. If you must ask, don't start off saying you got it wrong. Just ask openly as your understanding could still be correct!

sevenbyseven · 15/11/2022 22:32

Having read your updates, it sounds as if you might be correct after all! If your contract definitely says "40 hours including a 1-hour unpaid lunch break" then that implies 35 hours' work plus 5 hours' unpaid breaks. I think you just need to clarify with someone what hours you're expected to work - you might be ok 🤞

ChateauMargaux · 15/11/2022 22:38

I would step cautiously into the conversation rather than assuming you will have to renegotiate / will loose your job.

I would clarify firstly, without going into too much detail.. whether you are expected to be at your desk for 8.30 or 9.. and if the finish time is 5 or 5.30..

Are there ever any meetings at 8.30 or finishing at 5.30? How is presence detected or work assessed?

A quick google gives several answers, some contradictory, including that 'a standard 40 hour week is 9-5 including one hour lunch breaks that is unpaid... it means that you are paid for 35 hours per week.

Is there any way round the pick up and drop off times, partner, wrap around care, sharing drop offs with other working parents, working in the evenings, staying late a few nights a week... any other options? Maybe you can do 30 minutes before breakfast and 30 minutes at lunch time?

5 hours per week is a lot to find... 2.5 is not so many... so maybe it's doable.

Don't panic and talk yourself out of job until you have fully understood the situation and the options available to you..

ZeldaWillTellYourFortune · 15/11/2022 22:44

vivaespanaole · 15/11/2022 21:44

If the work is flexible enough to as long as you do your hours is not also flexible enough as long as you complete your tasks?

Does anyone actually even need to know?

Why not just wait and see if anyone is actually concerned?

As long as you are doing a good job who cares.

Yeah, this.

Why raise the subject if no one is complaining?

XanaduKira · 15/11/2022 23:01

It's badly worded Op, so I wouldn't feel bad or that you're in the wrong. Hope you get clarity tomorrow.

OnceAgainWithFeeling · 16/11/2022 07:05

Talia99 · 15/11/2022 19:59

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.

It’s not per 6 hours. It’s over 6 hours. If you work a 13 hour shift it’s still only a 20 minute legal entitlement.

Aprilx · 17/11/2022 06:22

AllCocomelonedOut · 15/11/2022 19:42

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.

It is absolutely standard that the lunch break does not count towards the hours. It is bizarre that you have not yet found an employer that does not know how to count hours and that none of your friends have either. Far more likely that this is your sole misunderstanding to be honest.

If you need to talk about reducing your hours, then do so, but please don’t mention this as something confusing because it really isn’t and you might look a bit silly.

There is a risk that a new employee who announced they couldn’t do the hours they were employed for would be let go.

aroman · 17/11/2022 06:37

AllCocomelonedOut · 15/11/2022 19:57

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.

I do agree that wording is confusing, because the 40 hours a week is not 'including' the 1 hour paid lunch break. It's actually 45 hours per week including a 1 hour paid lunch break.

I can completely see why you got this mixed up.

Aprilx · 17/11/2022 06:38

vivaespanaole · 15/11/2022 21:44

If the work is flexible enough to as long as you do your hours is not also flexible enough as long as you complete your tasks?

Does anyone actually even need to know?

Why not just wait and see if anyone is actually concerned?

As long as you are doing a good job who cares.

Depends on the job to be honest. In many roles the tasks are never ending so it isn’t a case of completing your tasks. In my professional life I was task orientated (usually led to working more than standard office hours). Now I am very much in a clerical role and the work is time orientated we work 9-5 with a one hour unpaid lunch break, so 35 hours. Everybody logs off at exactly 5pm but the work is not done, it is a continuous flow, if somebody were continuously not working an hour a day the impact would be a longer queue of work and customers waiting longer.

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