Breaks in contract
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NordicCrankShaft

Original Poster:

1,915 posts

137 months

Friday 12th March 2021
quotequote all
Hi all, Probably one I should know but never really had to if that makes sense.
My employer has for the 3rd time in not far off two years revised my work contract.
They're now saying I HAVE to take my required break everyday which under normal circumstances is fine. I normally wouldn't bother as I always have something I can do and also due to the nature of my job role, I am the only one there capable of fulfilling what I do as they got rid of non contract staff and we currently run on a very skeleton team, so nobody would be able to cover me for my required break.

My contract is for 45 hours a week, assuming I take my 30 min unpaid break every day that's 2.5 hrs a week, should this be included in my 45 hrs or should I essentially be putting myself in for 47.5hrs a week? (I am in charge of staff hours and my own work pattern)

Again, I normally wouldn't be too bothered about this but they've gone down the road of an aggressive approach toward messing around with the contracts and cuttong bonuses and they more than get their pound of flesh out of me so I'm not needlessly keen to work more than I need to if I don't really have to, given that my shifts aren't set and change every week as I cover a range of hours over days, evening and weekends.

Edited by NordicCrankShaft on Friday 12th March 13:53

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47,079 posts

218 months

Friday 12th March 2021
quotequote all
Breaks are normally unpaid.

I'm guessing that they think you're effectively having a break but being paid for it and want it to stop.

What I would suggest is leaving your desk for 30 minutes and going for a walk or lunch or something. If anything comes up they'll need to sort it out

NordicCrankShaft

Original Poster:

1,915 posts

137 months

Friday 12th March 2021
quotequote all
I appreciate they're unpaid but essentially my issue is that I'm having to now make myself available an extra 2.5hrs a week ontop of what I already am, so they're saying that instead of being at work for 9 hrs I have to make myself available for 9.5hrs to make extra for the 30 min break.

Edited by NordicCrankShaft on Friday 12th March 14:43

parabolica

6,953 posts

206 months

Friday 12th March 2021
quotequote all
NordicCrankShaft said:
I appreciate they're unpaid but essentially my issue is that I'm having to now make myself available an extra 2.5hrs a week ontop of what I already am, so they're saying that instead of being at work for 9 hrs I have to make myself available for 9.5hrs to make extra for the 30 min break.

Edited by NordicCrankShaft on Friday 12th March 14:43
This is what 99% of employed personnel do?! Sounds like you've been short-changing your employer by 2.5 hours per week for however long you've been doing this. A 45 hour per week contract means 45 working hours and does not include breaks, unless your contract or employee handbook explicitly state otherwise.

Countdown

47,079 posts

218 months

Friday 12th March 2021
quotequote all
NordicCrankShaft said:
I appreciate they're unpaid but essentially my issue is that I'm having to now make myself available an extra 2.5hrs a week ontop of what I already am, so they're saying that instead of being at work for 9 hrs I have to make myself available for 9.5hrs to make extra for the 30 min break.

Edited by NordicCrankShaft on Friday 12th March 14:43
Are they insisting that you are available during your break? confused

NordicCrankShaft

Original Poster:

1,915 posts

137 months

Friday 12th March 2021
quotequote all
parabolica said:
NordicCrankShaft said:
I appreciate they're unpaid but essentially my issue is that I'm having to now make myself available an extra 2.5hrs a week ontop of what I already am, so they're saying that instead of being at work for 9 hrs I have to make myself available for 9.5hrs to make extra for the 30 min break.

Edited by NordicCrankShaft on Friday 12th March 14:43
This is what 99% of employed personnel do?! Sounds like you've been short-changing your employer by 2.5 hours per week for however long you've been doing this. A 45 hour per week contract means 45 working hours and does not include breaks, unless your contract or employee handbook explicitly state otherwise.
If only this was actually the case, my normal working hours end up being more like 55-60 rather than my contracted 45 hence why I'm not too happy on adding an extra 30 minutes to my day because I'm the only person there capable of doing my role.

Pit Pony

10,766 posts

143 months

Friday 12th March 2021
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Maybe other people have taken longer than they are should take. Most places I've worked, the staff seem to treat 45 mins like an hour so effective they are getting paid for 15 mins for not working.

I need a break and a walk at lunch time. I always try to leave the office for at least 30 mins. If it's raining I might go and sit in the car and listen to the radio.
If it's too cold, I use the canteen if they have one. But definately not at my desk and not working.

Mind you since I've been WFH I've been having a longer lunch of 2 hours but work later.
Thst way I get some time with my wife..a walk or lunch in the garden..or...a "siesta"