Do I have to take my lunch break???

scarface

I am just returning to work after a year out looking after my son, my company have told me I can have a shorter working day 9.30-4pm and will cut my salary accordingly. I have suggested to them that I can work through my lunch break and therefore have very little affect on my salary. However they have said this is contrary to health and safety.

Does anyone out there know if this is correct???

Thanks

chugalug

I think its required that if you're working over a certain number of hours a day then you have to have a lunch break. When I was working flexitime, the Co allowed 1/2 hour instead of an hour so that I could leave early. I think 30 mins is the minimum but you can check this out with your union rep, HR or CAB. HTH

Murtle

try looking at this

http://www.dti.gov.uk/er/work_time_regs/wtr6.htm#section6

not sure if it has been updated, but should give you an idea.

HTH

Squidgy

When I worked at my last company we were allowed a small amount of flexi time.

We were never allowed to have less than a half hour lunch however, as it is contrary to H&S as you say. This was on a full working day.

HTH

MarkyMarkD

At the end of the day, it's up to your employer which hours they allow to work. If they want you to work 9-12 and 1-5, that's their choice surely, and irrespective of health and safety requirements or whatever.

Speaking personally I think that all staff should be required to take a break - it's not good for anyone to work 7 hours non-stop. We have had temporary staff at our work who claim (on their timesheets) to work right through - and I know for a fact they aren't as effective as people who work 9-5 with an hour's proper lunch break.

scarface

Thank you for all your replies, from looking at the DTI website it seems I can opt out of unpaid lunch by signing a letter with my firm which details this set up. I am not sure how my firm will take to this but I can only try.

As for my work standard dropping without a lunch break I would agree this is the case but the average lunch time break is not only 27 minutes anyway with many in London eating lunch at their desk so I might as well get paid for this rather than no pay for working thru lunch.

John_Jackson_2

This is an interesting situation.

I'm an employer, but I've never had anyone ask for less breaks

The employer has to make sure that they provide breaks according to law.

I really don't know if an employee can waive their right to a break; they have responsibilities at work too (H&S).

If an accident occurred after someone had done a seven-hour shift without a break, even though a break was offered, who would be liable? Especially if fatigue was involved…

Does anyone know?

scarface

I am pretty sure it would be nigh on impossible for an employer to pass liability on to the employee on the basis of fatigue. I work in an office so the chances of accident are slim. Also most employers, mine included almost expect an employee to work through lunch anyway these days. Average lunch times are now 25 minutes in England so being paid for this supposed lunch break makes sense for me.

Pennywise

One of my previous employers allowed this situation. But it was seriously abused and was soon stopped. What happened was that the staff still had their lunches, made drinks etc. chatted to the others, but did precious little "work" whilst they were having their lunch although they "pretended" to do so and did answer the phone if it rang. As soon as the employer actually introduced a rule banning the eating of food at your desk, funnily enough, the staff decided they did want their lunch break after all and returned to the previously normal working day!!

declanmcc

Does the company you work for have an Intranet or documents where you can read their policies?

The company I work for allows for a lunch break of between 30 minutes to 2 hours - the earliest you can leave for lunch is 12 and the latest you can come back is 2 o'clock. A minimum lunch break of 30 minutes MUST be taken, i.e. it's compulsory, plus we must work a minimum of 6 hours per day. This doesn't stop yopu from having lunch at your desk - the fact of the matter is you must put a minimum of 30 minutes lunch break on your timesheet.

The H&S issue involved is sitting (I'm assuming your job involves sitting) in the one position for such a long period of time. Most companies, especially ones with the use of computer monitors, will suggest a 5 minute break from your desk every hour, and also encourage you to do occasional stretches at your desk to stop you from seizing up. Are such issues/suggestions displayed in your place of work? If not, I think it's a breach of H&S rules.

Fran

declanmcc wrote:

This doesn't stop yopu from having lunch at your desk -

Though it doesn't say on the dti website, I've read somewhere that the break must be away from your workstation.

It seems that the employer decides and that it can't be taken at the beginning or end of work time.