FabSwingers.com > Forums > The Lounge > Contract question..

Contract question..

By (user no longer on site) OP over a year ago

Im being contracted for 30 hours per week

2 X 12 hour days and one half day

I found out today that we will only get paid for 11 hours out of that 12 hour shift as the hour lunch break will not be paid

I have a slight issue with this as im not allowed to leave the building and if there was a fire naturally id be expected to carry out the fire drills etc

Is that standard practice that places refuse to pay for the lunch hour if on a 12 hour shift?

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By *icketysplitsWoman over a year ago

Way over Yonder, that's where I'm bound

It is standard practice. You must have at least 1 half hour break for lunch on a shift that long. Lunch breaks are never paid. In the event of a fire being on your lunch break won't stop you being a human being.

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By *issBehavingxxWoman over a year ago

Glasgow

You're entitled to a break, but unpaid.

Not sure on the legality of not being able to leave the premises though... Would need to look into that, I've never come across that before other than morning / afternoon "tea breaks" (which tend to be paid)

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By (user no longer on site) OP over a year ago

then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

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By (user no longer on site) over a year ago

Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

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By *icketysplitsWoman over a year ago

Way over Yonder, that's where I'm bound

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

No, you are contracted for 30 hours and you are present for 32.

A 9-5 office day is paid at 7 hours, but 8 hours elapse. You declare 30 hours to DWP.

As to being kept in the building you need to ask their reasons for that. Is there a separate lunch room or lounge for off duty staff?

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By *issBehavingxxWoman over a year ago

Glasgow

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

Ask the employer why they've contracted you for 30 hours if they only intend paying 28.

Little things like that can cause all sorts of issues with DWP.

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By (user no longer on site) over a year ago

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

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By (user no longer on site) over a year ago

Surely your lunch hour is your time and therefore you can do and go wherever you choose in that time. If they are not paying you for the hour then they cannot request you stay onsite.

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By (user no longer on site) OP over a year ago

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

Working with the elderly i can not leave the building as there has to be care staff to client numbers should there be a fire.

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By (user no longer on site) OP over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

No, you are contracted for 30 hours and you are present for 32.

A 9-5 office day is paid at 7 hours, but 8 hours elapse. You declare 30 hours to DWP.

As to being kept in the building you need to ask their reasons for that. Is there a separate lunch room or lounge for off duty staff?"

its a case of 8am til 8pm twice a week and there will be one day where i work from 8am til 2pm (half of a shift) so on site for 30 hours but only being paid for 28

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By *icketysplitsWoman over a year ago

Way over Yonder, that's where I'm bound

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

Working with the elderly i can not leave the building as there has to be care staff to client numbers should there be a fire. "

They need to clarify that. You are not working and the ratios should be calculated based on on-duty staff. That is their care of duty. They also have a care of duty to you to ensure you have the appropriate breaks.

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By (user no longer on site) over a year ago

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

That's what I thought, I have never been told I have to remain in a building whilst on an unpaid break. If I were you I'd contact your local CAB with regards to the DWP question.

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By (user no longer on site) over a year ago

I get paid for all breaks

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By (user no longer on site) OP over a year ago

"I get paid for all breaks

In a previous job in a nursing home if i was working a 12 hour shift, i was paid for 12 hours. Guess i was lucky with that place

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By (user no longer on site) over a year ago

Regardless of breaks if you have a contract that clearly states 30 hours then you must be paid for 30 hours. If they chose to put an hour long unpaid break in the middle of the day then your shift needs to be extended by an hour.

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By *icketysplitsWoman over a year ago

Way over Yonder, that's where I'm bound

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

No, you are contracted for 30 hours and you are present for 32.

A 9-5 office day is paid at 7 hours, but 8 hours elapse. You declare 30 hours to DWP.

As to being kept in the building you need to ask their reasons for that. Is there a separate lunch room or lounge for off duty staff?

its a case of 8am til 8pm twice a week and there will be one day where i work from 8am til 2pm (half of a shift) so on site for 30 hours but only being paid for 28"

Check the contract again. It is not worded correctly if it says you are contracted for 30 hours but only paid for 28. The contract should state your contracted (that is, paid) hours. It should state required breaks, annual leave, sick leave, flexible working if that is permitted, and any other contractual terms such as pensions, bonus, expenses. It should state who you report to and how the contract can be terminated on either side.

If you want me to look at it let me know. I write enough of them.

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By (user no longer on site) over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If that's what's going to be on your wage slip yes

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By (user no longer on site) over a year ago

Where I work, I can't leave site, but get paid breaks to compensate it

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By (user no longer on site) OP over a year ago

"Where I work, I can't leave site, but get paid breaks to compensate it"

That was the situation in the previous Nursing home i worked for, guess i was lucky

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By (user no longer on site) OP over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If that's what's going to be on your wage slip yes "

Thank you. That was the main issue i had as the higher bracket of Working Tax Credit starts at 30 hours and over and don't want to balls it up.

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By *ursevampsWoman over a year ago

bucks

i work 25 hourss a week nd am there for 30 hours my lunch is unpaid but i am opaid for the work actually done so if you work 30 hours your paid 30 hours and break is not paid s you are only working 28 hours they are advertising you a 30 hr contract and then not payiong you a hour break that is breaking the contract imediatly as they are only paying you 28 hrs but have advertised it as 30 do not sign it hun it not completly legal and they can not confine you to the building at all if it a issue with staffign that there issue nt yours what if you had to have a appointment during your lunch hour i have had dentist etc in lunch hour they can not onfien you to the building as it actually a break in your human rights to imprisonment especially if you are not being paid fr it hun have a word witht hem and get them to define why they are emplying you 30 hours and only paying you 28 that illegal hun fair enough if the breaks unpaid but in effect the way ou described it they want to employ you 30 minus your break which they will deduct in effect ell them to rewrite the contract

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By *iker BullMan over a year ago

leeds

"i work 25 hourss a week nd am there for 30 hours my lunch is unpaid but i am opaid for the work actually done so if you work 30 hours your paid 30 hours and break is not paid s you are only working 28 hours they are advertising you a 30 hr contract and then not payiong you a hour break that is breaking the contract imediatly as they are only paying you 28 hrs but have advertised it as 30 do not sign it hun it not completly legal and they can not confine you to the building at all if it a issue with staffign that there issue nt yours what if you had to have a appointment during your lunch hour i have had dentist etc in lunch hour they can not onfien you to the building as it actually a break in your human rights to imprisonment especially if you are not being paid fr it hun have a word witht hem and get them to define why they are emplying you 30 hours and only paying you 28 that illegal hun fair enough if the breaks unpaid but in effect the way ou described it they want to employ you 30 minus your break which they will deduct in effect ell them to rewrite the contract

"
absolutely correct,and you only declare to dwp paid works,not the hours you are there

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By *ranny-CrumpetWoman over a year ago

The Town by The Cross

"Im being contracted for 30 hours per week

2 X 12 hour days and one half day

I found out today that we will only get paid for 11 hours out of that 12 hour shift as the hour lunch break will not be paid

I have a slight issue with this as im not allowed to leave the building and if there was a fire naturally id be expected to carry out the fire drills etc

Is that standard practice that places refuse to pay for the lunch hour if on a 12 hour shift? "

If the lunch break is unpaid ( and they usually are not paid - why should you be paid for eating your lunch ? ) then it is YOUR time. You CAN leave the building... unless they lock you in for some reason.

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By *ranny-CrumpetWoman over a year ago

The Town by The Cross

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

Working with the elderly i can not leave the building as there has to be care staff to client numbers should there be a fire. "

In that case the hour SHOULD be paid. You are being kept there for a reason.

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By *oodmessMan over a year ago

yumsville

yep.

the 12 hours shifts must have an minimum 8 hour period for rest between them though as I believe.

I dont think them saying you are only working for 11 of the hours matters as you will still be on the premises

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By (user no longer on site) over a year ago

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

Working with the elderly i can not leave the building as there has to be care staff to client numbers should there be a fire.

In that case the hour SHOULD be paid. You are being kept there for a reason."

exactly

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By *ittle_brat_evie!!Woman over a year ago

evesham

Try looking at the acas website, they have a lot of good information on this, or maybe direct gov

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By *adja_lazloCouple over a year ago

Solihull

"Im being contracted for 30 hours per week

2 X 12 hour days and one half day

I found out today that we will only get paid for 11 hours out of that 12 hour shift as the hour lunch break will not be paid

I have a slight issue with this as im not allowed to leave the building and if there was a fire naturally id be expected to carry out the fire drills etc

Is that standard practice that places refuse to pay for the lunch hour if on a 12 hour shift? "

No employer can keep you on a premises's, same as if you wanted an hour or two off, they cant refuse 'any reasonable request' obviously if its regular they can say no

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By (user no longer on site) over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If that's what's going to be on your wage slip yes

Thank you. That was the main issue i had as the higher bracket of Working Tax Credit starts at 30 hours and over and don't want to balls it up. "

I work 27.5 hrs per week. I think your a single mom, same as me? Tax credits use the bracket 25 to 30 hours but you will need to clarify with your employers because you definitely dont want to exceed 30 hours as it may not be worth it financially xx

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By (user no longer on site) over a year ago

"Standard practice not to pay for lunch break, however, as far as I am aware, it is not common practice to insist one to remain in the building during his/her unpaid hour.

I agree

My last job we didn't get paid for our lunch break BUT I always went out for it and took the full hour

Working with the elderly i can not leave the building as there has to be care staff to client numbers should there be a fire. "

In that case you are 'on call' during your unpaid lunch break and should receive an allowance for being available if and when needed. IT sounds like they want their cake and eat it. You need to clarify with them exactly what you are being paid for, for how long and what constitutes being 'on call', but you have to balance that with how much you want the work and if questioning what you are being paid for could lead to them finding someone else who won't question it.

To my mind a business shouldn't be in business if it means it has to exploit it's workers to maximise profitability.

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By *ce WingerMan over a year ago

P.O. Box DE1 0NQ

If there's a fire, you can have toasties instead of sarnies.

*courtesy of the useless information department*

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By (user no longer on site) over a year ago

Some staff where I work don't get paid for lunchtime, but are expected to cover first aid incidents. It's a primary school and none of the lunch time supervisors are first aid trained!

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By (user no longer on site) over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If that's what's going to be on your wage slip yes

Thank you. That was the main issue i had as the higher bracket of Working Tax Credit starts at 30 hours and over and don't want to balls it up.

That's not true, most weeks I work 40+ sometimes 50,60 hours a wk, tax credits are based on what you earnt the year before x

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By *orkieMan over a year ago

Who knows

As an ex senior union rep, they are in breacjh of their contract if they say they will provide you with 30 hours PAID work and are only giving you 28.

If you are not being paid a lunchbreak they have no legal right to insist you stay on the premises. (When I was on the shopfloor many years ago we got all paid breaks so that we were there to cover production if required)

As previously mentioned if you are expected to "be there" during your lunchbreak you are infact being asked to be "on call" and as such should be paid an allowance. Chances are you wont get it as the care sector employers are renowned for trying to have their workers over.

Before I get shot down in flames over the last remark, for every good employer that people quote, I can give at least five or more bad employers

So basically the answer is get hold of your contract and read it very carefully, if necessary get someone else to look over it and give you an unbiased appraisal

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By (user no longer on site) over a year ago

Unfortunately employer have us over a barrel so to speak as they know there are so many people out of work but this looks like an employer taking the piss

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By (user no longer on site) over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If that's what's going to be on your wage slip yes

Thank you. That was the main issue i had as the higher bracket of Working Tax Credit starts at 30 hours and over and don't want to balls it up.

That's not true, most weeks I work 40+ sometimes 50,60 hours a wk, tax credits are based on what you earnt the year before x"

Are you a single parent though? It can affect other benefits you are entitled to!

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By (user no longer on site) over a year ago

Dunno if anyone else has said this, but just incase... your allowed 30 mins break for every 6 hours worked. As far as I'm aware it is unpaid and your entitled to 15 min breaks aswell, these are paid.

Not sure if law has changed since

Cxx

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By (user no longer on site) over a year ago

I do twelve hours. I have 30 minute break but we're allowed to leave

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By (user no longer on site) over a year ago

I do 12 hr shifts, 2 days then 2 nights then 4 off and we get paid for all breaks.

Meant to have x3 20 min breaks but generally screw x3 50 mins during days and nights can be a total piss take in the region of x4 or x5 1.5 hr breaks.

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By (user no longer on site) OP over a year ago

wow thanks for all the replies. looks like a deffo word with management i think.

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By *ce WingerMan over a year ago

P.O. Box DE1 0NQ

"5 1.5 hr breaks."

4 1/2 hours work out of 12

Report to my office in the morning young man

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By (user no longer on site) over a year ago

Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises."

It depends upon the contract and how much commitment the position carries however on a 12 hour shift they can give the full hour in one block. If they deny you the opportunity to leave the premises under most circumstances they have to pay you due to the fact you have to stop upon the premises.

These are all things someone can take up with their employer. However you have to remember most employers insist on a 3 month trial period and anyone who shakes too many branches may be seen as unsuitable for the job for other reasons.

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By (user no longer on site) over a year ago

I wish I had the option of either a paid or unpaid lunch break when I do a 15 hr long day and its been a rough day. However saying that when its a good day I can spend most of it sat on me bum. I love my job and so take rough with the smooth.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Also makes a difference if you are contracted out by an agency or an employee of the company.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

You surprise me with saying that as nearly all trial periods are 3 months as it gives an employer adequate time to assess someone's abilities in an unrushed time period after all most positions take a week at the quickest to learn.

Break times well obviously you are in a niche area as many places who operate 12 hour shifts do so to avoid 15 minute breaks. Most will go for a staff on a staggered 1 hour break or 2 staggered 30 min breaks as it utilises staff more efficiently and allows more overlap cover.

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By (user no longer on site) over a year ago

My probation period was 6 months, cut down to 3 due to good performance etc., which meant I qualified for bonuses sooner.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

Not a surprise at all.

Contract = 2 weeks probation.

Contract = 1 week.

Contract = 3 months.

All of which I have set.

Employer has the right to do so.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

Not a surprise at all.

Contract = 2 weeks probation.

Contract = 1 week.

Contract = 3 months.

All of which I have set.

Employer has the right to do so.

I know you are trying to point out you type up agreements for your boss but its not really cutting the mustard. Yes for menial tasks you will get the occasional short term contract but any clued up employer will have a decent trial period as it gives them more options. They can actually extend trial periods but this is rarely dun unless there has been a disciplinary process as it can intact on claims for unfair dismissal.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

Not a surprise at all.

Contract = 2 weeks probation.

Contract = 1 week.

Contract = 3 months.

All of which I have set.

Employer has the right to do so.

1/ I don't have a boss.

2/ It depends on the contract term.

3/ Also depends on the nature of the job.

4/ I run my "staff" as I see fit.

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By (user no longer on site) over a year ago

Not forgetting 5/ I am trying to help Sassy, not your judgement on my professional integrity.

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By (user no longer on site) over a year ago

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

Not a surprise at all.

Contract = 2 weeks probation.

Contract = 1 week.

Contract = 3 months.

All of which I have set.

Employer has the right to do so.

& it is done not dun...good night

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By (user no longer on site) over a year ago

It is standard practice not to pay for lunch breaks and you have to have at least half an hour to an hour depending on the shift. If you are on your lunch break then you are not working so therefore other staff should be present to perform those duties.

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By *ittle_brat_evie!!Woman over a year ago

evesham

"Not read this through.

Firstly are you paid hourly or yearly?

Are you paid directly or through an agency?

Lastly even if directly or not, you are entitled to 15 mins break in the am and pm and your lunch time (be it 30 mins or an hour) off the premises.

Yes hence I said, 15 mins am and 15 mins pm.

Covers an hour with 30 mins lunch.

The lunch time though is based on contract, so could be an hour.

They also don't have to pay you to stop on the premises.

Trial periods can be a week, 2, or whatever deemed by the employer.

This is something I do on a day to day basis

Not a surprise at all.

Contract = 2 weeks probation.

Contract = 1 week.

Contract = 3 months.

All of which I have set.

Employer has the right to do so.

Is it just me who finds this last statement a little condescending 'look little lady, go do your secretary but and just type up what your boss tells you to and let the big boys do the proper advice'

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By (user no longer on site) over a year ago

"then the issue is that im contracted for 30 hours work, but will only be paid for 28 hours, so do i declare 28 hours to the DWP?

If you are contracted for 30 hours then 30 hours you should be paid for as technically they are getting 2 hours free

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By (user no longer on site) over a year ago

"Im being contracted for 30 hours per week

2 X 12 hour days and one half day

I found out today that we will only get paid for 11 hours out of that 12 hour shift as the hour lunch break will not be paid

I have a slight issue with this as im not allowed to leave the building and if there was a fire naturally id be expected to carry out the fire drills etc

Is that standard practice that places refuse to pay for the lunch hour if on a 12 hour shift? "

Hey cute we all get this , I'm a trucker and they deduct half an hour from me each day for lunch, yet I'm responsible for there vehicle an load lol, so does that mean for those 30mins when there not paying me I can just walk away ?

I'm sure if I did and the wagon got robbed they'd sack me !

Sssssh but I always make sure I get the 30mins back somehow lol x

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By *icketysplitsWoman over a year ago

Way over Yonder, that's where I'm bound

Is it just me who finds this last statement a little condescending 'look little lady, go do your secretary but and just type up what your boss tells you to and let the big boys do the proper advice'

I was rather shocked to read that! It just reinforces that the view of women has moved on not at all!

Here's another woman who writes employment contracts - I have set a 1 day probation on a one week contract. You set the period of probation proportionate to the role and the contract terms. The two posts I have just appointed have different probation lengths. I do what is right for the business, as I am sure Julie does too.

Sassy, speak to them before signing the contract.

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