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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work a 12 hour shift and they take an hour off my wage are

Resolved Question:

I work a 12 hour shift and they take an hour off my wage for lunch are they allowed to say I cant leave the premises
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year 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 1 year ago.
Please can you tell me if you have any other breaks during your shift. Please can you also confirm how long you have been employed there.
Customer: replied 1 year ago.
we have 15 mins in morning 30 mins for lunch and 15 mins in afternoon been there 3 years
Expert:  Ben Jones replied 1 year ago.
OK, 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 1 year ago.
Many thanks for your patience. The Working Time Regulations 1998 state that you are entitled to a 20 minute rest break where your daily working time is more than 6 hours per day and, under normal circumstances, you are entitled to take that rest break wherever you want , including outside of the premises. The rules apply differently if “there is an emergency or risk of an accident”. In these cases they could ask you to remain in the premises. However, if you are not being paid for your lunch break, you could then argue that being required to stay on the premises you are effectively still working and should be paid for it. They could try and cover themselves by having a specific clause in your contract that states you must be on the premises during your lunch hour but in that case you may still argue that you should be paid for it, because if it is unpaid then really it should be your own time and spent as and where you see fit. This is your basic legal position. I have more detailed advice for you in terms of the ways you can challenge this more formally, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
thank you your reply was very quick and informative and has really helped
Expert:  Ben Jones replied 1 year ago.
Thank you. In the event you wish to challenge this you have a couple of options. The first is to go internally by using the employer’s own grievance procedure. This is basically raising a formal complaint which they have a duty to investigate and deal with. If you are unhappy with the outcome you can also appeal. If the grievance does not resolve this then you only have the legal route left to rely on. Obviously only use it as a last resort but in effect you can either make a claim for the time you have not been paid for whilst being forced to remain in work unpaid, or if you believe that this is so bad that you cannot even continue working there, you can resign and claim constructive dismissal. This is a risky step though as you will be putting yourself put of a job so consider it carefully.

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