Am I obliged to take a break?

thelotuseater

I've seen a similar post to this on the site, but my conditions are very different.

I work at a council-run establishment (so it's very bureaucratic) as a cleaner. I'm contracted to work 8 hours a week, working 4-hour shifts on two different days and therefore I am not entitled to take any breaks.
However, we are about to enter the Summer season and my hours increase to 5 hours on each shift. This is not contractual and I merely put the extra hour of each shift down as overtime. Due to these shifts now exceeding 4 hours, I am told the shifts will actually be 5 and a half hours to take the entitled half-hour break into account.
My problem is that I really don't want to take the break. My work isn't physically or mentally demanding enough to warrant a half hour break within a 5-hour shift and so I just see as a way for them to keep me in work for another half an hour for free (and obviously wasting half an hour of my day). I mention this last point and the fact it's a very bureaucratic workplace as to tell you that they will definitely contest/reject it if I simply request not to take the break (I've already brought up a few times to test the water and I get shut down instantly).
Since I'm not contracted for the extra hours, nor for breaks, am I obliged to take the break or am I within my rights to reject the break and clock-off after 5 hours? As to confirm, they automatically assume I'm okay with the shift changes with the coming season and so I've never agreed, contractually or verbally, to the breaks.
Thank you in advance!

ohreally

What does the policy say?

paddedjohn

Breaks are only due if working 6 hours or more.

ohreally

paddedjohn wrote: »

Breaks are only due if working 6 hours or more.

The employer may well have an agreement which betters legislation.

thelotuseater

When I've brought it up before, management just says it's 'because you're doing over 4 hours' but say it in such a blunt way as to end the conversation. I'm not sure if my contract comes into it or not? I've technically never agreed to take on the extra hours for the Summer, so I just wondered if I'm contractually/legally obliged to take the break?
Thanks for your responses.

sangie595

You don't have to do the extra hours. But your managers don't have to give them to you either. I assume that you want to keep on getting the extra pay? In which case what your managers say comes before what you want and rocking the boat. If you don't care about getting the extra pay, solve the problem by not doing the extra hours and you won't be told to take a break.

ohreally

thelotuseater wrote: »

I've technically never agreed to take on the extra hours for the Summer

Technically you have.

thelotuseater

Sorry, I meant I've never been asked if I wanted to do the extra hours, it's automatically assumed you'd do them (I've never verbally said 'Yes, I agree to that' or signed anything').
Saying no to the extra hours would probably result in them replacing me through some technicality.
Thanks for all your answers.

General_Grant

thelotuseater wrote: »

Sorry, I meant I've never been asked if I wanted to do the extra hours, it's automatically assumed you'd do them (I've never verbally said 'Yes, I agree to that' or signed anything').
Saying no to the extra hours would probably result in them replacing me through some technicality.
Thanks for all your answers.

But it sounds as though you have actually worked the extra hours without kicking up a fuss about it and thus would be deemed to have accepted this way of working. Your employment contract does not have to be in writing signed by anyone.

agrinnall

Given that this break is not a legal requirement could you simply work 5 hours and say that the final 30 minutes of the 5.5 hours is when you'll take your break, and you'll take it off site? (Or alternatively take it as the first 30 minutes of the shift and start work later than planned).

getmore4less

The employer does not need to call it a break just a split shift.

If this is regular hours put on a rota make sure you are getting the holiday pay for the extra time.