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