Lunch Break

Juliette100

I am seeking some advice.  I work 5 hours a day.  My contract states my working hours are 5 hours a day and the salary that makes up those 5 hours.   My contract also states that I am entitled to a 30 lunch break.  I know I only work 5 hours but my employer added this in to allow me time to get away from my desk as I have a sit down role.   My contract is mute as to whether this is paid and upon asking I was told it is not paid but purely a good practice to ensure I get up and move about.    My question is - as I know I am only entitled to a lunch break if I work  6 hours plus and equally that is due legally entitled to be paid - but I assume if I do take lunch this doesn't reduce my working day to 4hr 30 minutes as I will not have complied with my 5hrs work each day.  So if I work 9-12 then take 30 minutes lunch, when I come back I still have to work 2 hours to fulfil my 5hr day?
 

Marcon

Juliette100 said:

I am seeking some advice.  I work 5 hours a day.  My contract states my working hours are 5 hours a day and the salary that makes up those 5 hours.   My contract also states that I am entitled to a 30 lunch break.  I know I only work 5 hours but my employer added this in to allow me time to get away from my desk as I have a sit down role.   My contract is mute as to whether this is paid and upon asking I was told it is not paid but purely a good practice to ensure I get up and move about.    My question is - as I know I am only entitled to a lunch break if I work  6 hours plus and equally that is due legally entitled to be paid - but I assume if I do take lunch this doesn't reduce my working day to 4hr 30 minutes as I will not have complied with my 5hrs work each day.  So if I work 9-12 then take 30 minutes lunch, when I come back I still have to work 2 hours to fulfil my 5hr day?
 

There's only one party who can answer that with certainty: your employer. But from what you've said, if you've been told your 30 minute lunch break is unpaid, then surely basic arithmetic supplies the answer...?

There is no legal entitlement for a break to be paid because you work 6 hours plus. See https://www.gov.uk/rest-breaks-work

MyRealNameToo

Juliette100 said:

I am seeking some advice.  I work 5 hours a day.  My contract states my working hours are 5 hours a day and the salary that makes up those 5 hours.   My contract also states that I am entitled to a 30 lunch break.  I know I only work 5 hours but my employer added this in to allow me time to get away from my desk as I have a sit down role.   My contract is mute as to whether this is paid and upon asking I was told it is not paid but purely a good practice to ensure I get up and move about.    My question is - as I know I am only entitled to a lunch break if I work  6 hours plus and equally that is due legally entitled to be paid - but I assume if I do take lunch this doesn't reduce my working day to 4hr 30 minutes as I will not have complied with my 5hrs work each day.  So if I work 9-12 then take 30 minutes lunch, when I come back I still have to work 2 hours to fulfil my 5hr day?
 

You never have a legal right to paid break. If your shift is over 6 hours you are entitled to a single 20 minute break by law but it doesnt have to be paid. 

It would be a generous policy from an employer to allow you to take 10% of your shift off as a paid break! Back in my call centre days you'd have gotten one paid 15 minute break if you're lucky or a 30-60 minute unpaid "lunch" if doing a longer shift. 

Juliette100

Thanks MyRealNameToo. I was less worried about being paid but I assume stupidly that if I had to work 5 and took 30 mins break I’d still finish five hours down the line regardless.  But I guess as it’s unpaid and I have to work 5 hours - in effect the clock stops when I go for a break and starts when I come back. As I used to work 9-2pm in my old job and 30 mins of that was a break. So I got 5 hours paid work even though I stopped at 10-10.30. I still finished at 2pm. But I guess that was paid.  In my new role I still work 9-2 but I guess with my lunch I go home 2.30 if I want to get my full 5 hours pay and meet my 5 hours a day work requirement.  Just a new way for me after some years.  

Juliette100

Didn’t take note of lunch when I switched jobs.  I guess I assume it was paid which was wrong as the contract doesn’t say that specifically and I also assumed it was inclusive of my 25 hours a week which it doesn’t say in my contract. It just says I have to work 5 hours a day and I am entitled to a 30 minute break. I guess I should has asked more questions as I’m in effect on site now until 2.30 if I take a break which I’m inclined not to do. 

itsthelittlethings

If you don’t want to take an unpaid break you could ask them if you could work straight through.

Juliette100

Thank you.   I’d prefer to work through as it’s only 5hrs and I having spoken to my employer I work indoors and have access to tea breaks and facilities throughout the day.  They were ok with me not taking this.  They said it’s offered to full time staff so they wanted to offer this to me even though I was reduced hours but they said it’s not mandatory to take as I don’t work more than 6 hours each day. 

ohreallƳ

Juliette100 said:

having spoken to my employer I work indoors and have access to tea breaks and facilities throughout the day. 

So you get paid breaks during your shift.

Juliette100 said:

they said it’s not mandatory to take as I don’t work more than 6 hours each day. 

It isn't mandatory to take either, it is only required to be available to be taken to be compliant.

EnPointe

Juliette100 said:

I am seeking some advice.  I work 5 hours a day.  My contract states my working hours are 5 hours a day and the salary that makes up those 5 hours.   My contract also states that I am entitled to a 30 lunch break.  I know I only work 5 hours but my employer added this in to allow me time to get away from my desk as I have a sit down role.   My contract is mute as to whether this is paid and upon asking I was told it is not paid but purely a good practice to ensure I get up and move about.    My question is - as I know I am only entitled to a lunch break if I work  6 hours plus and equally that is due legally entitled to be paid - but I assume if I do take lunch this doesn't reduce my working day to 4hr 30 minutes as I will not have complied with my 5hrs work each day.  So if I work 9-12 then take 30 minutes lunch, when I come back I still have to work 2 hours to fulfil my 5hr day?
 

you are not entitled to a paid break if you work for  6 or more hours,  just a  that  you must  take 20 minutes of break during  your shift  

if you  take a 30 minute  break and it is not explicitly stated as paid you will need to work  your 5  hours  to get 5 hours pay