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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46742
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work 3 long days (12 hours)from 8am-8pm. management want

Customer Question

I work 3 long days (12 hours)from 8am-8pm.
management want me to take 20mins break as unpaid and reduce my hours from 37.5 to 35 hours.this seems unfair.
All other staff who work 3 long days (11hours) plus an extra long day every 4th week..still does not equate to 37.5 hours ...it is made up with CPD.
Plus one staff does same days as me (12 hours)
X 3 equates to 36 hours and yet claims 37.5 hours...again rest is CPD .
Thus my argument ...why am i not entiltled to CPD as the others.
Also my other argument is why should all staff get 20/30 min break in morning and afternoon which is paid break ....whearas my 20min break after 6 hours has to be in my own time ie unpaid...seems unfair.
Shaz
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does your contract say about this and how long have you worked there for?
Customer: I have been employed over 25 years in the job and over 10 years in this employment.
Customer: My contract says lunch is unpaid but tea breaks in discretion of line manager. It was fine until my line manager ,who always found me a threat, got promoted and decided to change my hours. I have working 3 long days for years...without having to owe the firm song thing.thus line manager ...although terrified that I will walk out because I am one of her best workers ...passed me over for promotion even though I did her job whilst she was on maternity leave...my point is even though tea breaks are in discretionary..some people have 2 half hour breaks that is paid am and pm. Yet I have been told my 20 break has to be unpaid
Ben Jones :

Hi, whether you are entitled to CPD is really a matter that would be dealt with under your contract. It is entirely possible for other colleagues of yours to have different entitlement under their contracts in terms of CPD and even if you do the same or similar jobs that does not mean you must all be treated in the same way in that regard. There is no law on equality in the workplace in that respect because this is not linked to discrimination (this is where you are being treated differently due to age, gender, race, religion, etc).

If you are contracted to work 37.5 hours and there is nothing in the contract which states that breaks would be taken off, then you can expect to be paid for this time in full. The law on rest breaks is a 20 minute break for every full 6 hours of work but these breaks can be unpaid and you have no legal right to ask for them to be paid. That does mean that the employer could ask you to work an additional 20 or 40 minutes at the end of each day (depending on how many breaks you took) in order to ensure that your hours tally up to what you are contracted to work.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46742
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks...but I feel discrimated against...as other people seem to go off for cigarette break...which is not deducted from their wages. ..or constantly turn up late for duty..but is done.
Thanks anyway.
Expert:  Ben Jones replied 2 years ago.
Hi, I understand but this is not discrimination because that would only occur if you are being treated unfairly due to a protected characteristic and these are limited to age, gender, race, religion, disability, sexual orientation and marriage

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