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Question about lunch hours

6 replies

DuelingFanjo · 20/04/2010 15:30

If a contract says I work 35 hours a week but I am in work from 9.30 - 5.30 five days a week (8 hours a day = 40 hours a week) does this mean I am not being paid for the hour lunch every day?

if so, if my boss makes me go to a meeting during what should be my lunch hour, would this mean I am entitled to take lunch another time - ie an hour later or earlier?

OP posts:
Manifesto · 20/04/2010 15:35

That's correct - you re not being paid for lunch hour. Not unusual at all.
yes you are entitled to take a break at another time.
Can you do it flexibly at your place? perhaps have 30mins break and have a longer one the next day to balance it out?

Hope this helps
The ACAS website is very good a these sorts of issue too.

BlingLoving · 20/04/2010 15:35

yes.

Unless you have signed a contract opting out of working he set number of hours.

Crapweasel · 20/04/2010 15:36

Yes, you're not being paid for your lunch hour(s) which is fairly standard AFAIK.

So yes, technically, if your boss makes you work during that hour then you are entitled to that time back elsewhere. Whether you would want to push it depends IMO as to how frequently it happens and how flexible your employer is the other way round eg. If you are in late/have to leave early would you have to make up every minute of that time?

DuelingFanjo · 20/04/2010 15:39

thank you.
I am on what they call an 'hours' contract so I know for me this is true. One of my workmates is on what they call a 'days' contract and has been told by our bos that they could ask her to work up to 12 hours if they wanted!! Although her contract also says she is contracted at 35 hours!

It's teh principle of the thing really as the boss seems to be suggesting that on that days contract she could be asked to work 7 hours or more without any kind o Lunch break!

this is a one off but we're both a bit annoyed at the principle of the thing and would like to prove the boss wrong.

OP posts:
RibenaBerry · 20/04/2010 16:06

Hmm, well you are entitled to a 20 minute unpaid rest break each day by law.

Whether you are entitled to make the rest of your lunchtime up elsewhere isn't necessarily straightforward though.

If you are on minimum wage, then yes, because they can't let your salary drop below that (which adding on an unpaid lunch as working time would). Same applies if you are fractionally above NMW and working lunch breaks would drag you under.

If you earn more than that, only if your contract has strict wording on hours. Most say something like "you may be required to work such additional hours as necessary for the performance of your duties." Then, no, sorry, just the 20 minutes.

welshdeb · 20/04/2010 17:23

My understanding ( I am not in hr) is that you have to be given a break of 20 minutes after 6 hours but this does not have to be paid.

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