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Difference in unpaid lunchbreaks

Does anyone know if this is legal, please?

I've discovered that one department in our firm works the same 8 hour day as the rest of us, but have only half an hour unpaid lunchbreak. They are therefore paid for 7.5 hours a day. The rest of us have an hour's unpaid lunchbreak. So are paid for 7 hours a day.

I very rarely take more than 15 minutes for lunch. I'm just too busy. I'd be very happy to have an unpaid lunchbreak of just half a hour!

We work in an office, so all have the same conditions and very similar work.

Is it legal to offer this working arrangement to some staff but not all?
DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
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Comments

  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Does anyone know if this is legal, please?

    I've discovered that one department in our firm works the same 8 hour day as the rest of us, but have only half an hour unpaid lunchbreak. They are therefore paid for 7.5 hours a day. The rest of us have an hour's unpaid lunchbreak. So are paid for 7 hours a day.

    I very rarely take more than 15 minutes for lunch. I'm just too busy. I'd be very happy to have an unpaid lunchbreak of just half a hour!

    We work in an office, so all have the same conditions and very similar work.

    Is it legal to offer this working arrangement to some staff but not all?

    They can have some staff working 7 hours a day and others 7.5 hours a day. Nothing unlawful in that.

    Some can have half-hour and others full hour lunch breaks. Nothing unlawful in that.

    Who decides that you only take 15 minutes as a lunch break? You or the company?
    If it is you, stop doing that and take your full break or say that the job needs extra paid time to do it.
    If it is the company, and you want to take 20 minutes (or 30 minutes if you are a young worker) that is not lawful.

    Are you on more than NMW? Does that still apply if you look at the hours you actually do work?
  • I get paid way more than NMW. Nobody "decides" that I get 15 minutes lunchbreak, I literally am too busy to stop. I just wondered whether, as there are employees who work 8 hours and get just half an hour lunchbreak, they could refuse to employ me on the same basis, that's all.
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    What would actually happen if you stopped for an hour, or even half an hour?

    You're being paid for seven hours a day and working for nearly eight, if you want that to change it'll have to come from you because I can't see your employers wanting to rock that particular boat!
  • jm2926
    jm2926 Posts: 901 Forumite
    I get paid way more than NMW. Nobody "decides" that I get 15 minutes lunchbreak, I literally am too busy to stop. I just wondered whether, as there are employees who work 8 hours and get just half an hour lunchbreak, they could refuse to employ me on the same basis, that's all.

    Sounds as if you are all on different contracts. I've had this with two employers now where they were running many different contracts because of mergers, takeovers etc. one had over 80 sets of terms and conditions. In both occasions they had a harmonisation program to move everyone onto the same conditions. This wasn't something they had to do, and was very expensive in time and money. Needless to say there were winners and losers.

    If you're not being paid for lunch take the hour you are due. A decent break will invigorate and destress you and you may be surprised how much more you get done in the afternoon. If there's too much work to do in the time paid that's a separate issue from lunch.
  • Person_one wrote: »
    What would actually happen if you stopped for an hour, or even half an hour?

    You're being paid for seven hours a day and working for nearly eight, if you want that to change it'll have to come from you because I can't see your employers wanting to rock that particular boat!

    um, I would probably end up staying 45 minutes late to catch up. Anyway, thanks for your replies.

    Maybe I'm phrasing this wrongly, sorry if I'm not being clear.

    Colleagues work 8 hours. I work 8 hours. We do very similar roles. They are paid for 7.5 of those hours. I'm paid 7. Can I request to switch to just half an hour unpaid lunch instead of a full hour?
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • Denning.
    Denning. Posts: 2,749 Forumite
    This 'too busy to stop' is nonsense.
  • Denning. wrote: »
    This 'too busy to stop' is nonsense.

    Useful contribution, many thanks. No, really.
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • jm2926
    jm2926 Posts: 901 Forumite
    um, I would probably end up staying 45 minutes late to catch up. Anyway, thanks for your replies.

    Maybe I'm phrasing this wrongly, sorry if I'm not being clear.

    Colleagues work 8 hours. I work 8 hours. We do very similar roles. They are paid for 7.5 of those hours. I'm paid 7. Can I request to switch to just half an hour unpaid lunch instead of a full hour?

    Yes, you can ask. They can say no.
  • Denning.
    Denning. Posts: 2,749 Forumite
    Useful contribution, many thanks. No, really.

    Well it is. Your job is not that important. People who claim 'they are too busy to stop' are in one of two possible situations.

    1) They are incompetent and can't get the work done in their contracted hours
    2) Their workload is too much for one person.

    If it is the former then you are doing the right thing. If it is the latter you are just shooting yourself in the foot.
  • ILW
    ILW Posts: 18,333 Forumite
    um, I would probably end up staying 45 minutes late to catch up. Anyway, thanks for your replies.

    Maybe I'm phrasing this wrongly, sorry if I'm not being clear.

    Colleagues work 8 hours. I work 8 hours. We do very similar roles. They are paid for 7.5 of those hours. I'm paid 7. Can I request to switch to just half an hour unpaid lunch instead of a full hour?
    You can request whatever you like, they can refuse if they wish.
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