Contract conditions

Hideous1984

Good morning,

I started working for a company in January 2013, with standard 3 month probation. Anybody made permanent after Jan 2013 is on a 37.5 hour contract (excluding part time or amended hours workers, but there are no longer anyone working 35 hours pw).
I was never given a permanent contract, and now, 15 months after I completed my probation, the company have mentioned putting one together. I have been enrolled on the company pension scheme when I was supposed to be.
I am working 9-5pm with half hour for lunch, as last year when people were changed to a 37.5 hour week they could choose whether to take half hour for lunch (and leave at 5pm), or an hour (and leave at 5.30pm).
I opted for the former, as don't need an hour for lunch, and I commute from 45 miles away and the sooner I leave the sooner I can start the not small journey back home.
I was advised yesterday by my team leader that someone had complained as new starters now have to work 9-530, and some longer term employees didn't. He also told me if I was working 7.5 hour days, I had to take an hour long break. So I've been working for the company just under 18 months and suddenly I have to take an hour for lunch, leave later and get home (if I'm lucky) just before 7pm.
Can you shed some light on if they are right and I do have to now take an hour for lunch, and is it acceptable for them to have me working for them without any contract for 15 months?
Is there any form I can complete to opt out of working the same length of time but staying longer due to my already lengthy (and costly) commute?

Gazzafatcityboy

1- Probation- It seems strange that they have only done this after 15 months. I would have normally asked about this after the first three months. You are also losing out here on your pension because of this.
2- Working time- It really does depend on what your contract states. It doesn’t matter about your lunch break or not. If you have to work X amount of time then you have to work that time. I would probably talk to someone in HR to clarify but at this point in time I would suggest not to take any lunch break at all.
3- Unfortunately there is no opt out form I know of except working regulations one where you waive the right to work only 40 hours per a week which I have signed in every job that I have done *sigh*…

On a side note I wouldn’t bring up the commuting issue as well your employer really doesn’t care how long and how much it costs for you to get to work unless it materially effects the time you get there. In my current job and previous jobs they would always ask where I commute from for this issue. Their view will be I am employing you and paying you, its not my problem.

agrinnall

You weren't working without a contract for 15 months, all of the T&Cs applying to other employees would have applied to you from the moment you started.

I think if they say you have to take a 1 hour lunch break then that's what you have to do. The length of your commute is not really influenced by when you start and finish at work and is your concern not your employers.

Basically if you don't like what's happening you need to start looking for a new job that will suit you better.

jobbingmusician

(And don't forget, although your probation period is over, they can dismiss you on a whim at any time in your first 2 years.)

Southend1

Are you a union member?

Evil_Olive

Do you mean they are saying that you must take an hour break because they believe they are legally obliged to give you an hour lunch because you are working 7.5 hrs?
If so, then that is not true - legally they only have to give you a 20 minute rest break if you work more than 6 hours a day - I used to do a 12 hour shift with 20mins lunch and no other breaks at all and it was perfectly legal.

https://www.gov.uk/rest-breaks-work/overview

specialboy

Sounds like too many eople are opting to have a half hour lunch and leave at 5.00pm but the company need staff there at 5.30pm so because no one is volunteering to finish late everyone has to.