40 hr contract (exclusive of breaks)

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Lj2019

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Feb 21, 2019
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Hi, I’m new to this site, I just wanted to get some advice/info. I work a 40 hr contract (exclusive of breaks) we are meant to hv 1/2 hr break which we never have. Now my boss is saying if we was to have our 1/2 hr break each day we would have to do 8.5 hrs each day, eg we normally do 3pm-11pm shifts, now he’s saying we’d have to do 2:30pm-11pm if we was to have a 1/2 hr break?? Is this right?? I’m unsure so any help will be much appreciated, thanks
 

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Mr D

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Start taking breaks.
I know easier said than done but by working through you are avoiding your employer getting sufficient staff cover to allow breaks.

Common outside your employer for people to work a certain time and have unpaid breaks.
 
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Lj2019

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Feb 21, 2019
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Thanks for the replies, no I don’t get paid for the break. It’s the ‘start work 1/2 hour early if we want our breaks” is what I don’t understand? Some employers have 42.5 contract (including breaks) my contract is as stated on thread post.
 
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Mr D

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Thanks for the replies, no I don’t get paid for the break. It’s the ‘start work 1/2 hour early if we want our breaks” is what I don’t understand? Some employers have 42.5 contract (including breaks) my contract is as stated on thread post.

What is the particular problem? You are paid for the hours you are working.
They don't want to pay you for the time you are not working.

Unless your union can somehow negotiate a paid break rather than say a pay rise for the next couple of years - unlikely I think - then breaks will presumably continue to be unpaid for the staff.
 
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Newchodge

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Nov 8, 2012
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Your employer is breaking the law if they do not allow you at least a 20 minute (paid or unpaid) break if you work more than a 6 hour shift. You have a contract to work 3pm till 11pm. Just take a break for 20 minutes half way through each shift. Refuse to start earlier or finish later, but you may lose 20 mins money. Immediately join a union. You are working for a crap employer, you need a union.
 
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Lj2019

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Feb 21, 2019
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More questions needs asking now as we had a meeting with our department today & was told the big bosses are asking why are we only doing 150 hr a month instead of 160? Which isn’t true we do 8 hrs a day clock in & out on a fingerprint scanner so everything is recorded. Now they want us to to do 8.5 hr days now instead of 8?? I’ve worked for this company now for 4.5 years & only now they want us to do this? I know that a new company now owns the property & I don’t understand why this is happening as my contract is 40pw contract exclusive of breaks. So now instead of doing a 2-10 , 3-11, 6-2 shifts like we’ve always been doing they now want us to do 2-10:30 6-2:30, 2:30 -11. If someone can help me to whether this is legitimate or not as I don’t think it is.
 
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Mr D

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So do they want you to work a 40 hour week excluding breaks and pay for 40 hours work a week or work a 42.5 hour week excluding breaks and pay for a 42.5 hour week?

Usually contract changes need agreement of both parties.
 
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Inva

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Aug 10, 2018
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You are working for a crap employer, you need a union.
From what the guy said, the employer is not refusing a break, they are just saying if you want a break you have to come earlier. Why is this employer crappy? Seems perfectly reasonable to me. OP seems unreasonable for wanting to put the break in his paid time, essentially working 7,5 hours per day and not 8.
 
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Newchodge

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From what the guy said, the employer is not refusing a break, they are just saying if you want a break you have to come earlier. Why is this employer crappy? Seems perfectly reasonable to me. OP seems unreasonable for wanting to put the break in his paid time, essentially working 7,5 hours per day and not 8.
Because the employer is breaking the law.

Contract law - the employee has a contract that they work from3 to 11. Those times cannot be changed except by agreement.

Working Time Regulations - any employee working more than 6 hours is entitled to a 20 minute break, paid or unpaid.

Any employer who is happy to ignore and break the law is a crap employer.

Not a very difficult concept.
 
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Inva

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Aug 10, 2018
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The employer is not refusing the break, they are just pointing out the obvious: that the break is not included in the 8 hours shift. Not a very difficult concept either. I think you did not read the post, just rushed to blame the employer and recommend dubious leftist "solutions", as you seem inclined to do.
 
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Newchodge

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The employer is not refusing the break, they are just pointing out the obvious: that the break is not included in the 8 hours shift. Not a very difficult concept either. I think you did not read the post, just rushed to blame the employer and recommend dubious leftist "solutions", as you seem inclined to do.
It is you who has not read either the original post or my explanation. The break MUST by law be included in the 8 hour shift. I understand that, being based in another country with different employment practices, you may find this hard to understand. We expect British employers to comply witrh British law.
 
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Newchodge

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OP seems unreasonable for wanting to put the break in his paid time, essentially working 7,5 hours per day and not 8.
Every response has pointed out that the break, taken during his normal chift, may not be paid. The OP has not mentioned payment at all, he just does not ewant to extend his conytract in order to get his legal entitlement. and there is no reason why he should.
 
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Inva

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Aug 10, 2018
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You might find this shocking, but we too have employment laws and work breaks! Btw in the thread title it says "40 hrs EXCLUSIVE OF BREAKS". So that translates to 8 hours work. The OP said the break has not been taken so far, but apparently now he wants it (good idea), and he is asking whether it's right that he is asked to come earlier if he wants a break. Which it is, since the contract is for 40 hours of work.
 
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Mr D

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Because the employer is breaking the law.

Contract law - the employee has a contract that they work from3 to 11. Those times cannot be changed except by agreement.

Working Time Regulations - any employee working more than 6 hours is entitled to a 20 minute break, paid or unpaid.

Any employer who is happy to ignore and break the law is a crap employer.

Not a very difficult concept.

So either the OP gets paid for 7 hours 40 minutes a day and gets a 20 minute break.
Or
The OP has earlier start / finish time by 20 minutes and works an 8 hour day with a 20 minute break. Those appear to be the legal minimums?

Presumably to become compliant with the law the employer does not need other party to be in agreement to change contract to have it be correct?
 
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Newchodge

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So either the OP gets paid for 7 hours 40 minutes a day and gets a 20 minute break.
That is the only option that would be legally compliant.

An employment contract is no different from any other - both parties have to agree to changes.
 
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Mr D

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That is the only option that would be legally compliant.

An employment contract is no different from any other - both parties have to agree to changes.

Which cuts work from 40 hours a week down to 38 hours 20 minutes for a 5 day week.
The cut in pay is OK - but only if the OP agrees? And if they disagree the employer is still legally non compliant?

I'm trying to get my head round changing from illegal to legal only with agreement in order to be legal...
 
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