Annual leave unpaid breaks

Maz18

I'm contracted to 37.5 hours per week, I work my hours over 4 days, 3 10 hour shifts and one 9.5 shift includes 30 min unpaid break. 
Currently I'm on a phased return to work using my annual leave to make up hours not worked. My issue is on the roster I'm down as working 8-12.30 then annual leave 12.30 till either 6 or 5.30.. working this out I'm working 4.5 hours ( no break as usually its at 12.30) then 5.5 hours annual leave = 10 hours . 
I only get paid for 9.5 hours on a 10 hour shift . I have been told they don't take into account unpaid breaks when taking half + annual leave a day. 
Should my employer deduct my 30 min break from this

General_Grant

Maz18 said:

I'm contracted to 37.5 hours per week, I work my hours over 4 days, 3 10 hour shifts and one 9.5 shift includes 30 min unpaid break. 
Currently I'm on a phased return to work using my annual leave to make up hours not worked. My issue is on the roster I'm down as working 8-12.30 then annual leave 12.30 till either 6 or 5.30.. working this out I'm working 4.5 hours ( no break as usually its at 12.30) then 5.5 hours annual leave = 10 hours . 
I only get paid for 9.5 hours on a 10 hour shift . I have been told they don't take into account unpaid breaks when taking half + annual leave a day. 
Should my employer deduct my 30 min break from this

They should work out your holiday entitlement in hours and then deduct holiday from that according to the normally worked hours.
The paid leave is meant to be leave taken off from your worked/paid hours.
So of course they should not be using any of that paid leave to cover for time which would not normally be paid.

Undervalued

Arguably, with a phased return you are, in effect, temporally part time??

The law says that a part time employee must not be treated less favourably than a full time employee simply because they are part time. IF (big if) that applies in the situation of a phased return then you should be paid pro rata to your normal pay and benefits.

However, except possibly as a "reasonable adjustment" for a disability, an employer is under no obligation to allow a phased return and can simply say in effect "do your full job or stay off sick until you can".

So I am honestly not sure about the precise legal position but I would think long and hard before arguing this point with your employer.

General_Grant

If the OP wants to be paid their full salary while on the phased return then they do need to use up some paid leave time.  They will, of course, have been accruing holiday while on sick leave.