Lunch

[einarp]

Hi, wonder if anyone knows anything about lunch hours?
Our employment contracts states 40 hours of work per week. We have office hours from 9 to 5 (8 hours), and people normally take half and hour lunch and breaks when they need it. But one person demands a full hour lunch and still work 9 to 5.

Does anyone know what is right, and what is common in your job?

Cheers.

[Claire B]

not entirely sure about this myself - sorry.

give ACAS a call, they will be able to help

[fastfences]

Hi,
The employment contract must surely specify the duration of breaks during the day? Typically, and 8 hour day would see 40 mins of breaks, usually 10min in morning (paid) and 30 min for lunch (unpaid). This is often governed by relevant 'awards' within your particular industry. Furthermore, your contract would more than likely state the total hours to be worked each week, which on the above scenario would be 37.5 hrs.

Still, for a definitive answer relevant to your company consult your Industry association.
Cheers, Nigel

[bwglaw]

No-one recommended me ;)

Rest periods are provided under the Working Time Regulations 1998. Workers are entitled to minimum daily rest period of 11 consecutive hours (reg.10(1)).

Workers are also entitled to a rest period of 24 consecutive hours in any given week averaged over a fortnight (reg.11).

During the day a worker whose working time is over six hours are entitled to a rest break of 20 minutes without interruption (reg 12).

You should also note that there are special rules for young workers

There is no obligation on the employer to ensure the breaks are taken. There is no requirement under the Working Time Regulations 1998 that the break must be paid, but there may be an entitlement under the worker's employment contract.

Before you consider refusing the worker's request for a paid/unpaid rest period you need to ascertain that the rest period he/she is requesting is not related to his/her disability or long-term condition because rest breaks may be a 'reasonable adjustment' under the Disability Discrimination Act 1995

[Cornish Steve]

If a job contract says it's a 40-hour week, I would expect my employees to work 40 hours. If they take a half-hour lunch break, that's 9:00 to 5:30 every day for five days. If they take an hour, it's 8:30 to 5:30, and so on.

If an employee insists on working from 9 to 5 only AND takes an hour lunch break, I would pay him for a 35-hour week or expect him to work five hours on Saturday. Otherwise it's bye-bye.

[bwglaw]

If a job contract says it's a 40-hour week, I would expect my employees to work 40 hours. If they take a half-hour lunch break, that's 9:00 to 5:30 every day for five days. If they take an hour, it's 8:30 to 5:30, and so on.

Correct, only if the lunch-hour is unpaid. However, some employers offer 30-minutes paid and 30-minutes unpaid

[pr01]

Hi,

1 - Whilst the requirement is in fact fr only 1/2 an hour most employers DO offer 1 hour...
2 - Whilst there is NO requirement to pay them for this time most employers DO pay for at least 1/2 an hour...
3 - legally speaking your employee has no right to demand a full hour...

the crux of the matter...

it really depends on whether you want your staff to feel like valued members of a team or like slaves from the Victorian era - personally I find my employees perform better when they feel valued - hence our company offers a full hours paid lunch!

it is also worth considering this - most EU countries are required not only to pay their employees 1/2 hour lunch break but to also PAY FOR THE COST OF THE FOOD too...

Finally I leave you with this thought - one day you may no longer be the boss - how would you like to be treated by YOUR BOSS?