Advice re Unpaid lunch breaks?

Our company is undergoing a restructure.

My current role means I will need to stay onsite during my lunch break incase I am required to deal with a customer complaint that can no longer be dealt with by the levels below
Me.

As my lunch break (1 hour per contractual entitlement) is unpaid. Can my company legally dictate what I do with this hour? I.e not leaving the premises
«1

Comments

  • How long have you been with your company?
  • TELLIT01
    TELLIT01 Posts: 17,800 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    I don't see how a company can dictate how you spend your time if it's unpaid. If they are planning to pay a retainer for staying on site make sure the figure is worth while for you, given the inconvenience it will cause.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Last time a similar question was asked on here it led to a heated debate and an established member getting banned....

    To sum up the results of that debate there is nothing to suggest either way that they can/can't dictate where you spend your lunchtime. It's up to you if you wish to be the first person to drag this through the courts to get a definite answer.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Have you been making good use of your break and been unavailable on a regular basis.

    Ask them how they will compensate this new requirement.

    Something like if I have to stay on site and need to answer queries, Do I get paid or get to take a longer break or......

    Is it really not possible for the queries to be told this needs the expert they are on another call and will get back to you ASAP.

    That way they can build I flexibility for you to have breaks AND multiple queries.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Part of your break has a statutory element (if shift is longer than 6 hours), if this is interrupted the clock resets on the break - ask how they intend to accommodate this and how it integrates with your unpaid break.

    Union?
    Don’t be a can’t, be a can.
  • Fireflyaway
    Fireflyaway Posts: 2,766 Forumite
    Fifth Anniversary 1,000 Posts
    It's not a break it your company expects you to be ' on call' for work reasons. If this were me I'd start taking breaks away from work. Go sit in your car / park / go for a walk or whatever! Seriously though, ask your manager what happens if your break is taken up by dealing with customers? Do you get the time back of get paid? It's not fair for work to restrict your free time for their gain. Can't someone be trained up sufficiently to cover? What happens if you are on holiday?
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you are required to be "on call" you are not on a break, are you? There are laws about breaks, even in this day and age. I'd arrange essential appointments during my lunch hour every day for a month and see what happens then. If there is no-one to cover your lunch break, someone needs to look at their management or lack thereof, don't they?
  • Kim_kim
    Kim_kim Posts: 3,726 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    What happens when you are on leave?
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    TELLIT01 wrote: »

    I'd take this with a pinch of salt, they are advising incorrectly...
    by law you are allowed a 20-minute break for every six hours you work
    .
    Don’t be a can’t, be a can.
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