[Closed] Quick work contract question - break time

How many hours are you paid for?

Mine aren't, it's written as 8.30 to 5.00 pm, 7.5 hours per day (I wish!).

It's a legal entitlement so not sure if it needs to be written into your contract.

Ours mentions break/lunch times and our documented standard hours include a lunch hour (i.e. 9am-5:30pm, 7.5 hour days), not sure if this is a legal requirement though. In reality midday-2pm seems to be a favourite time for people to arrange meetings (people at least used to apologise for arranging lunch time meetings, no one bothers with that anymore) so an hour for lunch is a rarity.

There is clear law on this. Check the TUC site for details. Working time directive

IIRC your minimum legal entitlement for that length of shift is 1/2 hr unpaid

Edit - have a read

Clear law is different to clear contracts though. No, there is no need to write them into contracts. This avoids some of the issues of taking one 30 mins late etc.

Thanks all. I've been told 1 hour unpaid for lunch, that's all, no other breaks, just wondered if this needed to be in my contract legally as my contract just gives working hours as 8.30am to 5.00 pm. I never get that hour or an hour during the whole day, I'm support staff in a busy school, but I might start to kick up a fuss about it.
Thanks for the tuc link tjagain will look when I get a chance.

Kojack - that would make sense. 1 hr unpaid in a day 8.30 - 5 gives a 37.5 hr working week. IN a day of that length you are only entitled to one break legally

Its useful to note that an unpaid break gives you the right to do whatever yo want - leave the building, sleep etc

being a school there should be a staff handbook detailing all this stuff.

If your break is disturbed I seem to remember yo are entitled to the whole break again but wouldn't swear to that

Sometimes a bit of flexibility does not go amiss ie if something urgent crops up then you deal with it but you are still entitled to that hour off. You are not being paid for it its your time to do with as you wish

an hour break is more than the legal minimum. Not at all unusual for work pressure to mean that full (or indeed any) breaks get paid though. That's not the same as it being right, but it is a fact of many work places

edit - TJ has got it. Although I've never heard of a 'non interrupt' clause. If you could dig anything out on that TJ it'd be appreciated!

I found something on that 'non interrupt' thing, I did a quick google this morning and the a .gov site that says if you are asked or made to return to work during your break time it doesn't count as a break. Actually this: "It doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished". This all comes from being told I'm not allowed an afternoon break if there's work to be done and my new-ish line manager (been here a year and a half - I've been here 3 years) suddenly looking into my contract and querying my working day. I've always just done my work and not worried about the breaks and hours, just grabbed a tea or sit down for 10mins when I can, but if it's going to be queried I think I should make sure I get what I'm supposed to. .gov website also says you need to be away from your office or place of work when you have your break too.

Ah - you're on about an "afternoon break" now. IIRC you are not legally entitled to break before you've done 4 hours work.

For example...

8:30 - 12:30 = 4 hrs
12:30 - 13:30 = 1 hr break
13:30 - 17:00 = 3.5 hrs.

Of course it's good to have a bit of flexibility with your boss.

My take would be "if you want me to work to rule I will, but you won't like it." 4:59? Bye!

Well it's not about a break in the afternoon, I might get 20mins away for lunch so always thought if I grab 10 mins at 4pm when teaching finishes it's OK, so if I'm told I can't have that in the afternoon I'm going to insist I get my 1 hour unpaid break for the day, I don't mind if it's 15 mins in the morning 30 at lunch and 15 in the afternoon or whatever, but this place will take the pee if you let it, so want to be sure of what I'm entitled to before I go to HR

Yep - remind them what you're allowed then negotiate something mutually beneficial.

From the government website:
"Rest breaks at work. Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break. The break doesn't have to be paid - it depends on their employment contract."

You're not legally entitled to any more than that, it's down to your employer. It would be a very harsh employer to ask you to work 8 hours on only 20 mins rest, but they would not be acting illegally.

OK, so a slightly different spin on it now.
You have been allowed a 1hr break, that's good. Well above legal. It has become (and remember this line)"Custom and Practice" that you take the break split up through the day, when work pressurs allow. You are fine with this, and up to now, the business has been fine with this. The new boss is (fairly reasonably) asking what the breaks are for you as afternoon breaks aren't allowed as such.
I would talk to the new boss first, then if you get no luck talk to HR as otherwise it'll just piss him off. If the new boss insists (and he is entitled to) then you're looking at a contractual change. This is the point that you insist that the 1hr break is written into your contract. Then you take it!

Tinybits is bang on correct.

BUT

8:30 to 5:00, paid for 7.5 hours. If the business (school) or manager wants to dictate when and how long you have for break, then once you have completed 7.5 hours of paid work then it's leaving the building time. I've had this argument with a [s]bellend[/s] manager, it ended with me "working to rule". It soon got changed back to "custom and practice".