Lunch hour entitlement?

portoman

Firstly I am unsure if this is the right forum, but I am unsure where else it can go, if anywhere.

I wonder if you could help me with a disagreement that colleagues and myself are having (we all have the same job title and pay grade). One of them insists they are entitled to a lunch hour each day, but the only thing I can find is the Working Time Directive that states the entitlement of a 20 minute uninterrupted break for every 6 hours worked, that can be taken as a lunch break. Is this right?

elsien

What does your contract say?

It’s down to your employer about how long you get if it’s over the minimum requirement, and also whether it’s paid or not.
So I used to get half an hour unpaid, and now get an hour unpaid following some changes in our contracts and working hours.

FlorayG

You're entitled to 20 minutes during your working day if you work more than 6 hours
It is be taken during those hours
You don't have to be paid for it
You're not legally entitled to anything else as a daily break unless it says so in your contract or you are working in a special category (listed on the Govt. website)
If you are allowed to work your own hours ( i.e. as long as you do X hours a week you can do them when you want) then of course you can take an unpaid lunchbreak as long as you want

DullGreyGuy

portoman said:

Firstly I am unsure if this is the right forum, but I am unsure where else it can go, if anywhere.

I wonder if you could help me with a disagreement that colleagues and myself are having (we all have the same job title and pay grade). One of them insists they are entitled to a lunch hour each day, but the only thing I can find is the Working Time Directive that states the entitlement of a 20 minute uninterrupted break for every 6 hours worked, that can be taken as a lunch break. Is this right?

Presumably the lunch hour is unpaid so both paid a 7 hour day, but one goes home an hour later than the other. 

The only legal requirement, as you say, is a 20 minute break if you work over 6 hours, it doesn't have to be paid but until recently every company I've worked for did pay it but discovered our local pub doesn't. 

Obviously there can be contractual requirements. Given lunch in my experience is always unpaid its a bit 50/50 on if there is any benefit to having it but an important consideration for resource planning in contact centres, shops etc 

EnPointe

portoman said:

Firstly I am unsure if this is the right forum, but I am unsure where else it can go, if anywhere.

I wonder if you could help me with a disagreement that colleagues and myself are having (we all have the same job title and pay grade). One of them insists they are entitled to a lunch hour each day, but the only thing I can find is the Working Time Directive that states the entitlement of a 20 minute uninterrupted break for every 6 hours worked, that can be taken as a lunch break. Is this right?

the 20 minutes  after 6 hours  requirement is in health and safety law as opposed to the EWTD  

but that's splitting hairs and realistically this what the law requires. 

paid or unpaid breaks is not  specified in Law but if you are unpaid  it  is expected you have discretion  as to your activitiesd  and that  your break be  uninterupted ( i.e.  they can't stop you going off site etc)

the  number and durations of breaks  and their nature are a contractural / none contractural terms and conditions   argument / discussion 
 

strawb_shortcake

We have people at work on legacy terms, could this apply to your colleagues saying they have a 1 hour lunch break?

EnPointe

strawb_shortcake said:

We have people at work on legacy terms, could this apply to your colleagues saying they have a 1 hour lunch break?

depends on the organisation  

I know a lot of organisatiosn do try to  reduce / eliminate  legacy terms  whenever  something comes up which means terms and conditions are reviewed , but  sometimes  things like  Lunch hours   get  left in  the  hours worked are the same  so  buying iot  out  other than  by a one off payment would  increase complexity