Lunch Breaks

[shaddyboy]

My company is not permitting me to get lunch breaks after working 12 hrs a day. Can I sue them?

[TTG]

Speak to Personnel. It should be in your contract of employment about lunch breaks.

[mccfluff]

6 hrs = half hour break most companies give an hour for a 7.5 day. i would speak to personnel dept first then go to acas

[redcrx]

do they not offer you a break at all?

[shaddyboy]

Although its in my contract and have spoken to personnel who inturn directed me to my line manager to sort it out. My line manager also have also ignored my request.

Can I resign because of this and claim from them.

[ummmm]

Claim what?

[mccfluff]

you simply take your lunch break, go out of the building whatever, you're not being paid for it so don;t work it

[chelle7272]

They are breaking the law as the working time regulations state that you must have a minimum of a 20 min break if woring in excess of 6 hours in a stretch.
http://www.direct.gov...ndTimeOff/DG_10029451
I'm not sure about resigning and claiming until you have addressed this throught the proper channels. Raise the fact that they are operating against the law and tell them you will be seeking advice about it, and see where that gets you first

[redcrx]

i dont see what you think you can sue for.

what does it say about breaks in your contract, times and length of?

[carrot99]

Are they paying you for the full 12 hours or are they only paying you for 11 (or 11.5) hours ie deducting the time that you should be having an unpaid break?

[ojread2]

what is your job and how old are you?

As an adult if you work 6 hours plus you are entitled to a 20 minute break, not 30 mins as stated by mccfluff. Of course dependant on your job your break entitlement may need to be longer, for example if you drive

Are you telling us you think you are being constructively dismissed? Talk to the H&S executive - go via your local council's web site also for help and direction before you quit your job

[shaddyboy]

My line manager says the company will loose money if they are to get someone in to cover for my paid lunch breaks. When you dont do 2hrs of your shift,the company deductsthe money from your wages.I would like to claim the amount of lunch breaks I have not taken from them which runs into 3yrs now. Who can I contact to help.

[bednobs]

you are not entitled to a paid lunch break, just a break

[dothawkes31]

The laws on breaks changed recently and now if you start a new job and work full time, 39 hours over 5 days, you are entitled to 2 30 minute unpaid breaks. For more than 6 hours but less than 7.5 it is 30 minutes unpaid, less than 6 it is zero unpaid break unless you work an extra amount of time on the end of the shift and take an unpaid 15 or 20 mins break during the shift

[factor-fiction]

Didn't know that dot. Are you sure? I can't see it on the direct.gov site.
Have you got a link for that?

[dothawkes31]

You're not explaining your issue very well at all. You get paid for an 8 hour day if you work days a week, how many days do you work a week if you do 12 hour shifts and how many hours a day do they pay you for?

[Mr k]

The Pay and work rights help line is 0800 917 2368

https://payandworkrights.direct.gov.uk/

https://payandworkrig...ct.gov.uk/complaints/

All you have to do is fill the form in ..

[Buenchico]

I'd love to know where Dot gets her so-called 'facts' from. She seems to be basing them upon her current employer's practises, rather than the law.

There has been no change in the law. An adult worker is entitled to a single, 20 minute unpaid break if they work over 6 hours. See Chelle7272's link for accurate information and (in the final two sections) advice about what to do about your problem.

Note, however, that some types of employment are exempted from the normal regulations and you might have no automatic entitlement to any lunch break. (See that link for further information).

Also you might find difficulty in getting compensation for the lunch periods during which you've worked. You were effectively working overtime and (unless the employee's contract states otherwise) no employer is ever obliged to pay a single penny for overtime unless their failure to do so would bring the employee's average pay (over a 13 week period) below the current national minimum wage.

Chris

[mollykins]

They're breaking the law i think.

I'm not sure about this bit as i don't work, but do breaks get paid for? and if they don't, do you get paid for the hours break you should get?

I hope that made sense?