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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you are given a permanent contract of work can the employer

Resolved Question:

if you are given a permanent contract of work can the employer change the probationary time from 3 months to 6 months? without notice or reason?
if you work from 9am to 6pm are you entitled to a 1 hour lunch break and a 20 minute tea break?
if your employer asks you to take an early lunch break can you refuse?
if you don't take your designated lunch break as it is too early can you be told you face the sack?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 8 months ago.
What does your contract say about the probationary period?
Customer: replied 8 months ago.
no mention of probation on contract. I did 3 months probation, got my permanent contract then my employer moved the goal posts and told us all we were on a 6 month probation. I started work on 2november 2015 its now may 4th 2016. 6 months have passed surely.
Expert:  Ben Jones replied 8 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience. A probationary period is just an internal performance monitoring tool. It does not really change your employment rights. So whether you are on probation or not does not change the employment rights you have given to you by law, such as protection against unfair dismissal, holiday allowance, minimum wage entitlement, etc. Therefore, do not view the probationary period as something which denies you rights in the workplace because it does not. If you work from 9-6 then by law you are only entitled to a 20 minute break. The employer can allow you to take more breaks, such as an hour for lunch but if they really wanted to they could keep it down to a 20 minute unpaid break for the whole day. If the contract does not specify exactly when the lunch break is to be taken then they can ask you to take it early if needed. You can refuse but it could amount to a refusal to follow a reasonable instruction. You can be sacked for not taking your break when asked, even if it is too early. You are not protected against unfair dismissal in the first 2 years of employment so you could be dismissed for more or less any reason, whether you are on probation or not. Therefore, there is always a risk in the first 2 years that if you refuse to do this, it could result in dismissal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 8 months ago.
under the employment law it states that you should be allowed to take your break in the middle of the day not too early and not too late. if you start work at 9am then around 1pm is the middle of the day. some other workers start at 9 and finish at 3 but have their lunch at 1pm. when I pointed this out I was told that if I didn't take my break 'there's the door' under the equality act of 2010 surely this is harassment as they are threatening my job without undue cause?
Customer: replied 8 months ago.
also if someone is offered a probationary period acting up as a deputy should you get paid more money from the start of that period?
Expert:  Ben Jones replied 8 months ago.
Actually it is only guidance from the Government which says the breaks should be taken during the day and not at the beginning of the day - this is not law, it is just guidance. and the beginning of the day means you should not for example start at 9 and be asked to take it at 9.30, but there is no specific timelines that must be followed. It is not harassment under the Equality Act - this is not to do with discrimination - the employer does have the right to dismiss you if you are not taking your breaks when they want you to, especially as you have no protection against unfair dismissal in the first 2 years of employment. Happy to continue answering questions, please remember to rate the above answer first, thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.
Thank you. There is no legal obligation to be paid the amount for that job unless it was agreed that you would get it from the start. For example the employer could say that you are going to act up in a role and put you on probation but state that the probation s at a lower rate of pay - that is entirely possible but should be agreed in advance

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