Provision of Lunch break

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Thanks Sheena and Martin. This clarifies my situation and helps a lot. Really it reinforces what I do and sorta points out how nice I'm being! But I need to have a proper leg to stand on, so thank you once again.
- I work with arty types - and I'm a big believer in breakfast!

They should eat before starting work. In this situation I personally would arrive slightly before the start time and eat a sandwich or oat bar to keep me going. It is not your responsibility if they do not eat breakfast.

June. If they are working less than 6 continous hours then legally they are not entitled to a break. Any you choose to give them is at your discretion and the timing of said breaks is your choice not theirs. In this day and age working patterns have changed a lot from the standard 9-5 and so have the standard 7am breakfast, 12pm lunch and 5pm tea times, people need to move with the times and adapt.
Refer them to the Working Time Regulations or the following link http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

Hello

Lunchtime is normally in the middle of the working day any earlier is breakfast!

Barry L

Thanks Martin. The travel time is variable, depending upon home location, but I generally stick with 20mins, which seems fair and reasonable. I always try to take in travel time as I have to do the same.
The grumblings are because I ask for that break to be midwayish of the job. However start time is almost always 12 noon, which is too early for some to eat lunch prior to work. I get up early in the mornings, so I hadn't realised some people wouldn't eat before starting work. Now I'm annoyed at people complaining, but taking a break at 12.30ish seems silly to me as the job has just started!
I need to know the legality of the situation so that I have a correct answer - that can't really be argued with - and doesn't cause unnecessary bad feelings.

I find it interesting that you think travel time to and from the workplace should be included in the calculation of duration of shift as the employer has no control over this aspect of a persons working life.

Is that an hour each way for travel, making 6 hours in total? If so, then they are allowed a 20 minute break which must be taken within that 6 hour period and not at the end i.e work 5hours 40 minutes then take 20 minutes off.
If its an hour travelling in total then legally they are not entitled to a break and any that is given is at your dicretion.

I have been questioned about timings of lunch. My employees are sub contracted, self employed people, usually working a time slot of 4 hrs. (12noon- 4pm)Generally speaking, there is travel time to and from venues (it's the entertainment business),of around an hour. My 'rule' is 20 min break,but some are complaining that they should have a lunch break because of the start time. Are they correct?

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thank you Will, Anoop & Kevin for your comments. Will, I believe you are correct in your answer - just seems a little unfair though and in answer to Anoop...I actually did not take food and drink breaks - I had bottle of fizzy water on desk - but that is by the way really.
I think my feelings of unfairness came from the fact that I was in work when all others were off - therefore not on a "working day" but they still treated it as a standard day. I read your link Kevin and appreciate the content but just for info - when I work weekends they do not take off a lunchbreak

but again - thank you everyone

Check out http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

Norma, tell me, did you not eat or drink for 12 hours? I don't think this is possible, actually you ate and drank at your desk in short bursts of time. Trade Unions worked hard to implement 37 hour week, rest time and welfare provisions at work. You want to now turn the clock back and say "don't take break and go home early". Will you get extra 4 hours pay for time worked on Christmas? I don't think so. If you are worried about Work Life balance then talk to your employer and work your contractual hours. With the modern technology, we are already putting in more hours then recorded on paper.

I stand to be corrected, but I believe 'the law' is that a 20 minute break is a legal requirement for every 6 hours worked. This break cannot be taken at the end of a shift, i.e. going home after 5 hours 40 minutes, therefore I assume if you choose not to take your break there is no requirement for your employer to give you that time back as flexi. I am not however an employment lawyer so don't take my answer as gospel in any way shape or form!

Can someone help me here please - it is about the question of "enforced lunch breaks". I normally work through my lunch break ( ie without one) but 30 minutes gets taken off my flexi clock as it is my choice. But during the christmas break I was in the office having to work to meet New year deadlines (IT) and worked for 12 hours without a break as I wanted to get home to my family ( ie rather work the 30 minutes and get home 30 mins earlier) - my personnel dept has now removed 30 minutes from my clock ( for a lunch break I didnt take) - how can this be correct? - Is it?

I think you will find that there is no opt out from the 20 minute break. The opt out applies only to 48 hour limit.

First: ADULT individuals can opt out of the 20 min break if they wish (they must opt out in writing, and agree a period of time to opt out), but there must be the opportunity to take it if they wish (away from their work station). Young workers must have a longer break time (30 mins) and do not have opt out rights - which is why many companies have a non-opt out 30 min break - their regs are drawn up for all employees at the minimum standard for their young workers. Both sides must agree to any opt out, so if management say no the answer is no, you cannot opt out.
Second: according to the case evidence, apparently breaks where you are available on call, but not working, still count as breaks. Usually this would be included in your contract conditions. Night workers have extra working time restraints, which may be why the hour break is fixed in David's case.

Thank you Sheena and James for your helpful advice. Much appreciated.

David,

Yes, rightly or wrongly, your employer can insist upon you taking a break of whatever length they prescribe - there may be a sound business reason for this.

HOWEVER - for a break to be a break, the employee must be free to dispose of his own time.

In this scenario, I would suggest that this is not a break at all, and is in fact the employee being available for work.

The employee MUST be allowed a 20 minute break where he can do whatever he wants to. If the company want the employee to be on site for whatever procedural purpose, they MUST either be paid, or negotiate a deal to the employees' advantage.

If the employee wanted to enforce his rights, they could apply to the employment tribunal for an order instructing the company to allow them to take their breaks.

If it is an unpaid break I presume you can go anywhere on site even to sleep. This would then leave your colleague and yourself at risk when the other is on a break. Ask to see the Risk Assessment

If you are expected to take a break and stay on site but still be with your colleague etc how can this be a break as per HASWA and how can they justify non payment.

If you have a union discuss it with them. If you do not have a recognised union it does not stop you joining a union and still using them for help.

Maybe you could check this with ACAS as well

I work from time to time at a night shelter for the homeless. There are two night staff on duty every night and they have been informed that they are required to take one hour break (unpaid) during the night but cannot leave the shelter because there needs to be two staff on duty at all times. Is it legal to insist that someone take an hours break with restrictions and without payment?

This post has been removed because it contravened our guidelines.

This post has been removed because it contravened our guidelines.