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Contracted Hours

If an employee's Contract of Employment states that they are contracted to work 40 hours per week, but is mute on the subject of breaks or actual working hours, what should the employee assume (in the absence of the employer having a clue)...

a/ Breaks are paid and can be taken within the 40 hours, eg. work 9-5 per day, and take the legal entitlement to breaks within that.

b/ Breaks are unpaid, eg. extend start-time / finish-time to incorporate an unpaid break.

c/ Something else?

Comments

  • I would assume the lunchbreak is unpaid but the other breaks if any would be paid.
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  • Denning.
    Denning. Posts: 2,749 Forumite
    I would assume the bare legal minimum.
  • SueC wrote: »
    If an employee's Contract of Employment states that they are contracted to work 40 hours per week, but is mute on the subject of breaks or actual working hours, what should the employee assume (in the absence of the employer having a clue)...

    a/ Breaks are paid and can be taken within the 40 hours, eg. work 9-5 per day, and take the legal entitlement to breaks within that.

    b/ Breaks are unpaid, eg. extend start-time / finish-time to incorporate an unpaid break.

    c/ Something else?

    That they are PAID to WORK 40 hours a week and breaks are unpaid. Why do you ask?
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • AP007
    AP007 Posts: 7,109 Forumite
    edited 5 October 2013 at 8:13PM
    I would assume a break of 1 hour unpaid so making it 9am-6pm

    No other breaks.

    But then I have seen jobs advertised 40 hours 9am to 5pm with an hour lunch therefore the employer not knowing what 40 working hours are.
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  • Southend1
    Southend1 Posts: 3,362 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    Assume makes an !!! of u and me
  • SueC_2
    SueC_2 Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    That they are PAID to WORK 40 hours a week and breaks are unpaid. Why do you ask?

    Because I have just been shown a Contract of Employment that states that the employee's normal working hours are 40 hours per week, but is mute on the subject of working hours and breaks, so I thought I'd see what the consensus of opinion is.

    Why did you feel the need to shout PAID and WORK?
  • SueC wrote: »
    Because I have just been shown a Contract of Employment that states that the employee's normal working hours are 40 hours per week, but is mute on the subject of working hours and breaks, so I thought I'd see what the consensus of opinion is.

    Why did you feel the need to shout PAID and WORK?

    Because those are the key words in the contract. It doesn't matter about consensus of opinion, the only thing that matters is the words in the actual contract. Nobody here works there!
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • SueC_2
    SueC_2 Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Because those are the key words in the contract. It doesn't matter about consensus of opinion, the only thing that matters is the words in the actual contract. Nobody here works there!

    Thanks for your help.
  • SueC wrote: »
    Thanks for your help.

    Pleasure...
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
This discussion has been closed.
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