HR employment law question (lunch cover)

SteveB · #1 (**permalink**) 12-05-2008, 22:37

Hi,

This question is on behalf of my wife. She's doing a reception/admin job at the moment, and they are combining two offices into one, relocating and changing employment contacts at the same time.

So she has been told that lunch has to be taken between 12:00 and 1:30pm, and they have 30 minutes. As she's on reception, they need cover. Normally there are 2 receptionist to provide cover, but when one is away/ill She has been told its her responsibility to find somebody else in the office to cover, and if she cant, then no lunch.

Apart from a morally bankrupt company, I am under the impression that on a 7.5 hour working day, she has a legal right to that 30min lunch, and they cannot put a company policy in place that blocks that legal right.

Any HR experts out there know the answer to this one?

Many many thanks,

Steve

Indizine · #2 (**permalink**) 13-05-2008, 09:17

Unfortunately the law (Offices, Shops and Railways Act 1963) is that she must get,a 20 min break every 6 hours. They cannot refuse this as it is ilegal to do so.

They should have a contingency and not give you no option.

See here for working time regulations.

Lime One · #3 (**permalink**) 13-05-2008, 19:39

They can provide this 20 mins break other than at the start or finish of the day though so are not obliged under statute to ensure the break occurs at the traditional lunch time.

It may be useful to read her contract as if the lunch break is in there, it raises more points to retain it. What efforts are made to cover her for the comfort breaks she will also require to make during the day?

ashleycameron · #4 (**permalink**) 07-07-2008, 22:57

It should be 20 min per 6 hours.. Then it is depended on her working hour.. Calculate for that..

Pete · #5 (**permalink**) 08-07-2008, 16:38

The relevant legislation is actually the Working Time Regulations 1998 which provide for only one 20 minute break in the working day, where that is for more than 6 hours (ie not 20 mins for every 6 hours worked). As long as they are giving her at least one 20 minute break they will be compliant. However, if they are proposing to change her contract, they can only do so with her agreement or by dismissing her and attempting to reengage her on a new contract (which leaves her the option of bringing an unfair dismissal potentially).

Indizine · #6 (**permalink**) 08-07-2008, 22:12

Think you will find employers can change contracts without their agreement and which doesnt land the employer in any trouble.

Pete · #7 (**permalink**) 09-07-2008, 09:54

They often get away with it, Indizine, you're right. But the simple fact is that contracts cannot be unilaterally changed - only by agreement. Most employees don't realise that, which is why they often go along with it. However, if employers have sound business reasons for changing a contract, and they can demonstrate that they have consulted and attempted to get agreement, a tribunal will normally accept that termination of the old contract with a view to getting the employee to accept a new contract will be fair.

If what this employer is trying to do seems unreasonable, then it may be worth the employee digging in their heels for now to see if they can, at least, negotiate a better deal.

Indizine · #8 (**permalink**) 09-07-2008, 13:25

Well that isnt what ACAS and tribunal chaps have told one of my friends.

Pete · #9 (**permalink**) 10-07-2008, 17:27

I have tried to post a link to the relevant ACAS guidance document but I have not been allowed to post a link. If you go to the ACAS website (acas dot org dot uk), click on "publications", then on "advice leaflets" and then select "Varying a Contract of Employment (ACAS/AL02)", you will see that it explains in more details what I have explained in my previous posts.