Calling Emjay! Employment contract question.

Are lunch breaks generally paid or unpaid?

If I am offered an employment contract that stipulates 40 hours' work per week, with 30 minutes per day permitted for lunch, should my hours of attendance at work be 40 hours or 42.5 hours per week?

I believe your attendance should be 42.5. The 'standard' 37.5 hour week is say 9-5 or 9-5:30 with either a 30m or 1hr lunch break. So that's 40 hours attendance with 2.5 hours for lunch or 42.5 hours with 5 hours for lunch.

Sorry, I'm still not clear!

My required weekly attendance is 42.5 hours (8.30-5.00 x 5)
I am permitted to take 30 mins per day lunch break.
So, my lunch break is included in my required attendance, but not included in my 40 hours' work?

Working in Workforce Management I am a little qualified for this, but not a lawyer so not actually qualified .

Based souly on your statement I would say the 40 hours includes your lunch break. However there is no requirement for that to be the case.

By law they must allow you a 20 minute break at some point in the middle of the day if you work more than 6 hours. It doesn't even have to be paid. I get an hours lunch and do not get paid for that.

I would check with the potential employee as they will be able to clarify.

We don't pay for lunchbreaks, and I don't think many companies do. Not that that helps, but until Emjay gets here....

Correct!

If it says 40 hours work a week, that is presumably 8 hours a day 5 days a week. Working hours will not include time you can have off for lunch.

Your daily working hours would be, for example, 8am to 5.30 with 30 minutes for lunch. Making 40 hours work a week.

Normally lunch is treated as unpaid.

Fabulous! Thanks to everyone, I think I'm clear about it now!

That means he's not really that clear about it, but thinks he is, although may have to do some more research on the internet to get a clearer answer

GET OUT OF MY HEAD!

Have they actually stated '42.5 hours' or have they said 'start @ 8:30 - finish @ 5:00' ?

If you have a period of lunch (or anything for that matter) that your employer intends NOT to reimburse you for that time taken then they are also not entitled to expect you to remain 'on station' during your own free time.

If they are expecting you to be at their beck and call during lunch, even if they do not beck you, then they must pay you for your captivity.

If you are free to escape the site though, during your half hour munchies, then they can decline to pay you.

However, if you sign a Contract agreeing to specific terms this could negate any rights you have, as you have agreed to waive those rights by signing the condition.

Some employers insist you don't desk lunch, to ensure you don't work through it.

Curse those Europeans, eh, insisting on no longer than six hours without a break!

My hours are stipulated at 8.30am-5.00pm Monday-Friday.

I don't think they have any requirement for me to remain on the premises; I think it's a simple case of them wanting me to take my lunch break during those hours, and not just buggering off at 4.30 every day.

That's more clearer now.
40 working hours plus unpaid lunch. As there obliged to give you a 20 min break a day if you work more than 6 hours a day.

It seem rightly as you say they expect you to take it during your working day rather than going home early such as i do.

How about just a 20min break. Gain 50 mins a week and gain 10 mins on the 5 o clock traffic.

I like your thinking Reuben, though I'm not sure the slight rise in tweed and corduroy-dressed pensioners in Range Rovers around Tetbury at 5pm qualifies as a rush hour!

If you choose not to take your lunch, your working day still finishes at the same time, ie 5pm.

Some employers may be flexible enough not to be concerned, but the starting point is that an employee cannot unilaterally decide to work for lunch and leave early. There has to be an agreement to that effect, either contained in the written terms or otherwise.

Is that codified, Mark, or just convention? I've no intention of doing it, but I was interested that my contract said that I was "permitted" to take a 30-minute lunch break...

Have you got the job Jim?

From Jim's thread in 'Other Vehicles'

Yes, Joe; I received the confirmation on Wednesday. Quite looking forward to it, despite the lunch-break puzzle!
If you know any farmers or construction companies needing bits for their machines, give us a bell!

Jim, it's the contract. That says when your working day starts and when it ends. So, if you choose to turn up half an hour earlier and start working from then, it does not change when your contract says your working day ends.

That makes sense.

That's great Jim. Good luck with it. I somehow think it will be a massive change from your normal routine.
I hope you enjoy it mate.

My working times are Mon - Thu 0800-1700, Fri 0800-1300. By agreement with my boss I work 0730-1630, to try and beat the traffic. However it is a local agreement, and they retain the right to move me back to my contracted hours. For operational reasons it actually suits everyone I'm in the half hour early.