30 minute lunch break at work

[uknick]

I am told I have to take a 30 min lunch break after 6 hours at work. If I choose to work through lunch I still have to adjust my clock to show 30 mins for lunch.

Apparently this comes from the factory and shops act.

For the last 6 months I have been working at home in the mornings and getting into the office in the afternoon. My manager has warned me that I am not allowing enough time for lunch at home before I get to the office. Therefore I am fiddling my hours. My answer is that I have taken lunch whilst working at home. He is not happy with this.

Does anybody know how the law treats this?

[Countdown]

My understanding is that its a 30 minute break after 5 hours (not six) but yes, there is a law somewhere that says this is compulsory.

[siscar]

Factories and shops act? That's a new one!

The Working Time Regulations state that the maximum you can work without a break is 6 hours, if you are working more than 6 hours you have to have a 20 minute break as a minimum. But that may be modified by your contract which may, for example, state 30 minutes.

[uknick]

Thanks for the feedback.

[anonymous-user]

At my place I have been working through my lunch breaks (30 mins) and doing straight 8am - 6pm days because it is so busy

[The Riddler]

Can anyone advise while we are on a similar subject; the company I work for have recently brought in a set of rules for smokers, where if you smoke, each time you go out they deduct 7 minutes from your lunch time. I know my smoking breaks take on average 4:38 from standing up to sitting back down.

Are they allowed to dictate how long each 'break' costs you?

[siscar]

The Riddler said:

Can anyone advise while we are on a similar subject; the company I work for have recently brought in a set of rules for smokers, where if you smoke, each time you go out they deduct 7 minutes from your lunch time. I know my smoking breaks take on average 4:38 from standing up to sitting back down.

Are they allowed to dictate how long each 'break' costs you?

You have no right to have a smoking break at all, so yes, they can do that just as they can ban them entirely as many companies have done.

[Engineer1]

But they may fall foul of not giving you a long enough break at lunch as IIRC there is a minimum length to prevent the bosses giving you 15 2 minute breaks in a day.

[siscar]

Engineer1 said:

But they may fall foul of not giving you a long enough break at lunch as IIRC there is a minimum length to prevent the bosses giving you 15 2 minute breaks in a day.

True, you must get a solid twenty minutes every six hours but the answer to that is to restrict the number of breaks or, if it's causing grief, just ban smoking breaks entirely.

[uknick]

The problem I have is this.

I spent the last 6 months working at home in the morning, and I recorded it on my time sheet as 10:30 to 13:00. I then travelled to work and started my time sheet at 13:30. Overall my hours at home and in the office equal what I should be working. But, it takes about 30 mins to get to work.

My line manager has dismissed me as he says I could not have worked to 13:00 at home as I had to take a lunch break of 30 minutes (company rules are 30 minutes for lunch) Hence, I have not worked my hours but I have been fraudulently claiming that I have. Gross misconduct and dismissal.

I would like to argue at the appeal that, if I work at home there should be no requirement for lunch. But, this is all new to me....

And yes, in the past I have had to attend meetings that went on for the whole day without a break for lunch, but that does not seem to matter as it is what the company wants.

[siscar]

uknick said:

The problem I have is this.

I spent the last 6 months working at home in the morning, and I recorded it on my time sheet as 10:30 to 13:00. I then travelled to work and started my time sheet at 13:30. Overall my hours at home and in the office equal what I should be working. But, it takes about 30 mins to get to work.

My line manager has dismissed me as he says I could not have worked to 13:00 at home as I had to take a lunch break of 30 minutes (company rules are 30 minutes for lunch) Hence, I have not worked my hours but I have been fraudulently claiming that I have. Gross misconduct and dismissal.

I would like to argue at the appeal that, if I work at home there should be no requirement for lunch. But, this is all new to me....

And yes, in the past I have had to attend meetings that went on for the whole day without a break for lunch, but that does not seem to matter as it is what the company wants.

Hmm, definitely worth getting proper legal advice on this because there are two issues here, firstly whether travelling to work from home counts as a break, I think it does, commuting time is not routinely counted as working time so the fact of you leaving at 13.00 and starting at 13.30 is a break. Secondly it is questionable whether, even if you haven't been taking a break, it is sufficient to be gross misconduct, I think that is very doubtful.

As I say, it's time for proper legal advice, many solicitors will give an initial consultation for free, on the surface I think you have a good case, but I am a bloke on the internet - you need proper advice.

[Mojooo]

We have to take 30minutes minimum a day. Some people work through it but still put the 30mins into their timesheet

In this case there soudns like there has been a breakdown in communication - how could it be allowed to go on for 6 months? definitley worth taking legal advice.

the 30 minute drive could probably count as a break - what does he say to that?

[siscar]

When you say 'past six months' did you work for them before that. Because if you have only worked there for six months it's all irrelevant you are unprotected and they don't need a reason to dismiss

[uknick]

siscar said:

When you say 'past six months' did you work for them before that. Because if you have only worked there for six months it's all irrelevant you are unprotected and they don't need a reason to dismiss

I have been, sorry was, employed for nearly 7 years.

There is a lot more to this issue than just the lunch break issue but at this moment I need to try to appeal the sacking. I have union support but, as of yet I have not had any of their legal support. I think the legal side kicks in if my internal appeal fails.

Appreciate all the feedback, keep it coming.

[phil-sti]

if you work at home then travel to work then your journey to work counts as your working shift.

if you book 12 hours do they deduct 30 minutes from your pay as you dont' get paid your dinner?

[uknick]

phil-sti said:

if you work at home then travel to work then your journey to work counts as your working shift.

if you book 12 hours do they deduct 30 minutes from your pay as you dont' get paid your dinner?

That's interesting. But, I assume you mean if I work full time at home and my journey to work is for a meeting etc. As I was part time at home and part time in the office I assume my travel to work is deemed to be in my own time. Or that is what I have been told.

[PF62]

I think your manager has been an idiot who hasn't thought things through.

So you clock on at home at 10:30 and off at 13:00, take a half hour of your own time to travel to the office, and then clock back on at 13:00.

Well clearly you have taken a half hour break not working. What you do in your half hour break is entirely up to you.

[n3il123]

On that basis if you worked full time in the office would they class your time getting to/from work (i.e. your normal commute) as working time?

[TotalControl]

PF62 said:

I think your manager has been an idiot who hasn't thought things through.

So you clock on at home at 10:30 and off at 13:00, take a half hour of your own time to travel to the office, and then clock back on at 13:30.

Well clearly you have taken a half hour break not working. What you do in your half hour break is entirely up to you.

This really.

Also, if they don't include your commuting time as lunch then, as you have only worked 2.5 hours at home, are they themselves not entitled to give you a lunch by law as you are completing the rest of the hours at their office?

[Petrolhead_Rich]

anonymous said:

[redacted]

+1 (with the exception of odd days where I spend the day at one of our customers site, trawling Pistonheads, I consider these additional days off...)

Lunch Break, is that where you have a mouthful of food between answering the phone.