Lunch included?

[grendel]

Hi all,

Brief history :
I started my current job (Software Engineer) last March. During my interview, with a Director and the MD, I was asked what hours I would like to work. They suggested starting with 9:00 - 17:00 with an hour for lunch, but I could vary that as I liked (they said I could even start at 03:00 if I wanted, as the office is open 24 hours per day).

I tried 9:00 - 17:00 for about a week, then decided 07:30 - 15:30 would suit me better to avoid rush hour traffic. The only other member of the team usually works around 07:00 - 16:00. Our contracts state that we need to be flexible due to the demands of the business. It doesn't say that we have to work unpaid overtime to be flexible, so that could mean that we can do all our hours in fours days or less.

About two months ago, another director took over the team. He doesn't like the fact that we are not in the office after 16:00 most days, so has questioned my timekeeping and I know have to talk to HR to discuss.

Both of us have been keeping track of how many hours we do and in the past have been told that we can come and go as we please, providing we do our hours.

We have been doing our hours (plus many more, by the way, including late evenings and weekend, without overtime). I even forward my desk phone to my personal mobile in case anyone needs anything urgently and keep an eye on emails.

My offer letter just states "40 hours per week however, flexibility is require (sic) to meet the needs of the business". Whether that includes lunch or not is an unknown.

I'm waiting to talk to HR to see what my contract states, but in the ones that we've seen, it states 40 hours per week inclusive of lunch. So, to mean that would mean 7:30 - 15:30 covers it if I take one hour for lunch (although I rarely have more than 15 mins).

So, my question is - can the new director force me to change? Does "custom and practice" help, or hasn't it been long enough? Different people work different hours across the company, so do 09:00- 17:00, some do 08:00 - 17:00, some do 9:00 - 18:00, etc. so everybody has individual times.

Until I can get to talk to HR, I have been working to rule as I see it. I don't want to be awkward, but I've put myself out enough and just been hassled for it.

Thanks in advance for any advice.

[grendel]

Lunch included?

Hi all,

I posted a question last week sometime, but had no response.
I have been asked to check my hours of work.

My contract states : "40 hours per week Monday to Friday inclusive, with one hour for lunch".

HR have said that this means if I start at 09:00, I would have to finish at 18:00 if I want one hour for lunch. She said if the comma wasn't there it would be 09:00 to 17:00 (I can't see the difference myself).

Can anyone advise me legally if this is ambiguous or not and what finish time would be correct if I start at 09:00 if I take one hour for lunch, according to my contract, please?

I have regularly been actually working more than 40 hours anyway, due to the nature of the job, but as someone questioned my hours I need to know what I should be doing.

Other people in the company have varying contracts, some specifically mention start and finish times, so I can't compare mine to theirs.

Thanks,

G.

[Kati]

Re: Lunch included?

Hi Grendel, sorry your first post got missed I have now merged them, and will try to ensure it is seen by Beagles who can answer you :tinysmile_twink_t2:
In the meantime, GovUK have some information on rest breaks that might be of help - https://www.gov.uk/rest-breaks-work/overview
K x

[grendel]

Re: Lunch included?

Thanks Kati,
No problem in it being missed. I'll see if that link helps.

Thanks,

G

[mariefab]

Re: Lunch included?

Are lunch breaks paid or unpaid?

[grendel]

Re: Lunch included?

Are lunch breaks paid or unpaid?

I don't know, I suppose that's the problem. I'm salaried, not paid per hour and that's the only part of my contract that mentions lunch.

In my initial interview with the director and MD they suggested I start doing 09:00 - 17:00 and adjust to suit, so I changed it to 07:30 - 15:30. My offer letter just states "40 hours per week", so I accepted that based on the interview. I suppose I should have clarified this once I'd received the contract. It's a bit late now, I've been working 07:30 - 15:30 for eleven months and nobody raised the issue before now.
There are only two of us in the team (the other Software Engineer works 07:00 - 16:00, so that doesn't help my case) and it seems the problem is that the director that has taken over sees that neither of us is here after 15:30 on a Friday. If we've worked lots of extra in the week we sometimes leave earlier and it's never been a problem.

Sorry, I'll stop going on now.

G.

[des8]

Re: Lunch included?

AS the contract is unclear one has to look at the circumstances.
From your original conversations at interview, and from the hours you worked at the commencement of your employment it seems that your lunch hour is incorporated in your daily 8 hours.

However your problem doesn't really revolve round lunch, but round start and finish times and the need for flexibilty.
Is it not possible for you and your colleague to arrange a rota so that at least one of you is present on Friday pm till eg 17.00?

Regarding (un)paid overtime I can only draw on my own past (long time ago) experience where a salaried 40 hour week actually meant working as required, whenever the client called and if necessary going overseas. I think there's more protection for employees now!

[grendel]

Re: Lunch included?

AS the contract is unclear one has to look at the circumstances.
From your original conversations at interview, and from the hours you worked at the commencement of your employment it seems that your lunch hour is incorporated in your daily 8 hours.

That's what I thought as well.

However your problem doesn't really revolve round lunch, but round start and finish times and the need for flexibilty.
Is it not possible for you and your colleague to arrange a rota so that at least one of you is present on Friday pm till eg 17.00?

Yeah, that's not the problem from our side, it's just annoying that we've been doing it for eleven months and HR aren't being very helpful.

Regarding (un)paid overtime I can only draw on my own past (long time ago) experience where a salaried 40 hour week actually meant working as required, whenever the client called and if necessary going overseas. I think there's more protection for employees now!

Hehe, yep, I know all about that. I left one job after regularly working 70 hours per week and being told I couldn't even go to the cinema on a weekend as I had to keep my phone switched on!