Working Hours / Lunch Break Query

theoretica

Another point to query is whether you have any break/down time during the events when you are gaining toil?

suki1964

Wow

Id love to get a paid break in work

ohreally

TELLIT01 wrote: »

That's not the point in this situation.

I wasn't referring to the op' situation, simply the quote.

aife

jobbingmusician wrote: »

You HAVE to have a break. The law says that anyone who works over 6 hours has to have a minimum break of 20 minutes. It is extremely common for employers to require that this minimum is in fact extended to an hour.

Yes , but it's not at all common for employers to pay for breaks.
In my job we often have trouble getting our full breaks and regularly have to work past official finish time , but it's difficult to get TOIL or pay for this.
I don't often say this but think OP is fortunate and should stop complaining

SensibleSarah

I've worked in roles where the lunch hour is paid and others where it isn't. Personally I found that, in the places where they paid you, the unspoken expectation was that you'd work through your lunch every day - or at the very least, take way less than an hour.
Personally, for me, I prefer not being paid for it if it means that I can spend my break actually having a break.
But generally, and probably in most industries, it would definitely be a positive to be paid for breaks.

gettingtheresometime

onemanwenttomow wrote: »

I think people have misunderstood (other than TELLIT01) what I have said.

Just to clarify - I start work at 9am and finish at 5pm and I have one hour for lunch. This is in my contract. That is in total, a 7 hour working day in my opinion. My employer says that it is an 8 hour day as they are including lunch as a working hour. This means I need to accrue 8 hours TOIL to take a day off, even though one of those hours is for my lunch break. Regardless of if it being considered a 40 hour or 35 hour week, I still get paid the same as I am not paid hourly and I know this because it used to be considered a 35 hour week.

I suppose I could technically book off 7 hours and come in for my lunch break but I doubt my employer would allow me to do that haha.

Just to add, we do not get breaks for evening events. For longer full day events our breaks are taken with the client i.e. lunch so we are still on Call and have to deal with clients and situation during these times.

We do understand the issue.


Your contract states that you work a 40 hr week. BUT fortunately for you, your employer considers your 40 hrs to include a paid lunch hour. Only if the lunch hour wasn't paid would your argument stack up.


If you carry on they'll decide you're right and that the 40 hours shouldn't include the lunch break and everyone will have to work 40 hours but be there for 45.


Won't you be the popular one then

onemanwenttomow

So you clearly don't understand then do you...

I work 35 hours which they calculate as 40. If they don't pay the lunch break I'll be working 35 hours and they will calculate it as 35 hours. My pay would remain exactly the same.

There is nothing fortunate about them including the lunch as "paid". I don't get paid any more money than if they didn't include it as paid. The only effect it has is that I have to work more overtime in order to take a day off. I'm confused why this is so difficult to understand??

Comms69

onemanwenttomow wrote: »

So you clearly don't understand then do you...

I work 35 hours which they calculate as 40. If they don't pay the lunch break I'll be working 35 hours and they will calculate it as 35 hours. My pay would remain exactly the same.

There is nothing fortunate about them including the lunch as "paid". I don't get paid any more money than if they didn't include it as paid. The only effect it has is that I have to work more overtime in order to take a day off. I'm confused why this is so difficult to understand??

No, you don't understand!


You work 40 hours per week. 5 of those hours, your employer tells you to do no work. BUT you are still 'working'


You do evening events. So presumably you spend some of that time not actually doing work. IE you stand around waiting.


You're argument doesn't stand up. If your argument is you only work 35 hours a week and are contracted to do 40. They will simply take 5 hours from your flexi every week! Honestly how hard is this to understand?!


Just because you are salaried doesn't mean you don't have an hourly rate...

ReadingTim

Solve the problem by simply not doing any work in your lunch break, thereby taking your holiday day in part-instalments.

onemanwenttomow

Argh OMG trust me I do understand - I have worked there for 10 years and they have changed the system. It didn't affect my pay. I wouldn't be complaining if I benefited from it would I.

I am not contracted to do 40 hours work. I'm contracted to work 35 hours and take an hour lunch break every day of an hour. I have to work overtime to take my lunch break off.

"Standing around waiting" is part of the job. So that is effectively irrelevant to what you are saying.