Hi
I understand that the Working Time regs stipulate that an employee is ENTITLED to a 30 min lunchbreak but does anyone know how the law stands regarding whether or not it is COMPULSORY for an employee to take a lunch break? My colleagues and I all work through our lunch so that we can leave early.
Also does the entitlement of 30 mins change once an employee works 7 hours? If anyone could direct me to a link which clarifies entitlement vs compulsory I would be grateful.
I'm not sure but I think the minimum lunch is 20 minutes not 30. But it doesn't always apply- for example if you work 4 hours a day there's no legal entitlement. I'll look up when it kicks in
we do as Eddie does - people can ask to work their lunch break and go early for a particular reason. You get the lunch break as per the rules, but you can't assume that if you choose to work it routinely, you can go home early.
I don't think an employer can force you to take the lunch break though, and is allowed to send you home early if you finish the work, but must not expect you to work through lunch.
According the directgov site:
"Do you have to take your breaks? It is recommended that you take your rest breaks. They are there to protect your health and safety and you are entitled to them."
On the flip side the employer can state that this 20 minute break is unpaid, whether or not you take it. My employer forces us to take it, partly for this reason and partly because rested workers are better workers!
per the Working Time Directive, as stated by Bednobs - you may not take your break at the start/end of the working day; therefore you cannot insist on taking an early day after working through.
My last employer would let you work through your break and finish your work that much earlier, but you had to be there at 5 to clock out!
That said, if it suits everybody, I can't see anyone breaking down your door with a stopwatch. But if just one person objects and reports it, you will be stopped.