Not being paid worked and contracted hours.

[Dan19030]

Hi, I'm really hoping someone will be able to give me some advise. I started a new job 6 months ago and I was told the hours were 08:00-17:30 monday-friday plus every other Saturday. Shortly after I started I noticed the staff were leaving at 17:00. I queried this with HR which led to a conversation with my line manager where it was suggested that I can work my lunch break and finish at 17:00. I have done this every day since then but have never received payment for working the lunch break. I have questioned this on numerous occasions but the way pay is calculated is quite complicated and I was assured it was correct. It wasn't until recently when I had a basic wage slip without overtime or bonuses that I was able to work it out properly. I raised a greivance recently but lost. Their argument is that the conversation with my line manager had never happened (he no longer works for the company.) Also that I have been taking unauthorised breaks during the day (smoking). Surely regardless a discussion should have happened before any deductions had been made. Had this been explained to me previously I would have gone back to my original hours.
Any advice would be appreciated as I am now not sure if it worth contacting ACAS or not.

[ULA]

Firstly what does your contract with your original 08:00 - 17:30 state about your lunch break i.e. how long a lunch break were you given? On hour?
Secondly it is illegal for you to work more than 6 hours without a break.
Thirdly if your manager had the authority to vary your hours then this should have been confirmed in writing to you, I presume this was not done.
Have you asked HR as to why your hores are different from other staff members, is it due to the nature of the job that you do?

[Dan19030]

Thank you for your reply. My written contract of 08:30-17:30 stated a 30 minute unpaid break.
I understood the law to be that after 6 hours you were entitled to a break not that you legally had to take it?
Unfortunately no written confirmation was made regarding the change of hours other than a recent text message confirming this.
I was told that my hours were different to everybody else to make the offer salary look more appealing as I was looking for a particular salary.

[ULA]

Your emloyer has to legally allow you a rest break after working for 6 hours or more of at least 20 mins. This cannot be taken at the start or end of the day i.e. you cannot work through lunch and leave early.