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Is this fair regarding breaks? Finishing later

42 replies

25smallstacey · 01/08/2024 18:17

Just want a 2nd opinion before signing contract

I had agreed a work schedule of 9-5 on a 40 hour contract with hourly pay. I have received my contract and it says 30 minute breaks are unpaid. This would bring me down to 37.5 paid hours per week

They have said I can work 9-5:30 so that I still receive 40 hours pay per week. Is this the norm? I had organised childminder pick up at 5:30, based on leaving at 5

OP posts:
HamBagelNoCheese · 01/08/2024 20:53

How was the offer phrased? I think that's what's key here

25smallstacey · 01/08/2024 20:53

@TappyGilmore Yes, we also can't leave premises on previous paid breaks

OP posts:
25smallstacey · 01/08/2024 20:54

HamBagelNoCheese · 01/08/2024 20:53

How was the offer phrased? I think that's what's key here

A 40 hour contract (guaranteed hours each week - I asked for this to be specified) at 9-5 at x amount of hourly pay

OP posts:
theeyeofdoe · 01/08/2024 20:56

25smallstacey · 01/08/2024 20:44

No, with children. We were simply paid 40 hours, rather than being exclusively told our breaks were paid

Do they need you to be onsite for breaks, if so, they should pay you.

Willyoushutthefrontdoor · 01/08/2024 20:58

That's where they've fallen down then. My job Is 8-4 but advertised as 37.5hpw. We do get 2 x 15m paid breaks one at 10am and 1 at 3pm. But the half hour is definitely unpaid. Within an NHS business sector. But we can leave the premises.
In my working experience, I've never been paid for my lunch break

IMustDoMoreExercise · 01/08/2024 20:58

25smallstacey · 01/08/2024 20:54

A 40 hour contract (guaranteed hours each week - I asked for this to be specified) at 9-5 at x amount of hourly pay

In that case, it looks like they worded it wrongly in the offer.

We work 9 to 5.30 but are told that we work 37.5 hours a week with 1 hour a day unpaid for lunch.

SugarandSpiceandAllThingsNaice · 01/08/2024 20:59

25smallstacey · 01/08/2024 20:54

A 40 hour contract (guaranteed hours each week - I asked for this to be specified) at 9-5 at x amount of hourly pay

Yes, they’ve worded the offer incorrectly.

25smallstacey · 01/08/2024 21:00

Yeah I believe they have worded it badly and shouldn't have offered me 40 hours at 9-5

OP posts:
mitogoshi · 01/08/2024 21:02

I've never been paid for lunch break

SugarandSpiceandAllThingsNaice · 01/08/2024 21:04

Can you start at 8:30?

ChubSeedsYorkie · 01/08/2024 21:16

Yeah I wouldn’t expect to be paid breaks

25smallstacey · 01/08/2024 22:01

@SugarandSpiceandAllThingsNaice They don't open until 9 unfortunately

OP posts:
25smallstacey · 02/08/2024 15:51

Thank you all for the advice

Today they've offered not taking break or taking shorter break so I can finish at the offered time of 5

OP posts:
owladventure · 02/08/2024 17:42

25smallstacey · 02/08/2024 15:51

Thank you all for the advice

Today they've offered not taking break or taking shorter break so I can finish at the offered time of 5

Legally you have to take a break of at least 20 minutes if you're working more than 6 hours - and that break cannot be tacked on to the end of your day.

So they can't do what they've offered.

If they're willing to break the law about breaks, they'll be willing to break the law about other things. Ergo, they're not an employer you want to work for.

Brenelope · 02/08/2024 17:45

25smallstacey · 02/08/2024 15:51

Thank you all for the advice

Today they've offered not taking break or taking shorter break so I can finish at the offered time of 5

This is not legal in the UK.
Agree with PP this is not a company you want to work for if they're happy to ignore employment law

25smallstacey · 02/08/2024 23:43

I can't work until after 5 due to childcare and they offered 9-5 so I took it. If that means missing unpaid breaks, that is what is needed unfortunately.

OP posts:
Namechange13101 · 03/08/2024 06:43

As people have said already that’s illegal, so it’s not an option that should be available. I’d be thinking very carefully about whether this it the right place to work as if they are willing to break UK employment laws that are there for your safety and wellbeing then what else are they willing to disregard?

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