# unpaid lunch break rights



## havanna (24 May 2011)

I work in a private company.

 During my working day I have a paid 15 min break and an unpaid 30 min break.

I usually arrange to spend my lunch in the work canteen with a friend from another department, when it is possible. 

I have been told by my manager that "it doesn't look good" that we often manage to arrange to have our lunch together, as it may look like we are prioritising our lunch break rather than our clients. 

My manager basically told me that as my manager she was ordering me not to spend my lunch break with my friend. I never prioritise my lunch break ahead of clients and quite often there are days where I don't get any lunch, or stay on late due to work committments.

Also, I am expected to carry a dect phone on my lunch break, where people can contact me, and I am expected to always answer and to deal with problems, even though I am on my lunch break. I clock in and out for lunch.

Surely when my lunch break is unpaid I shouldn't have to be carrying a dect phone? and surely surely I should be able to sit beside whoever  I like in the canteen on my unpaid lunch break?


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## Leper (24 May 2011)

You are correct.  Dont be intimidated by that stupid supervisor.  If the intimidation resumes just take notes of the time, who was present, what was said and how you felt. 

A good idea is to send emails to your private email address immediately on the intimidation.  If you decide to stay around in your job you will soon build a case against Mr Know-it-all-almighty.  

Prioritising lunch breaks - give me a break and pass the bucket from the left, please.


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## havanna (24 May 2011)

Thanks for that advice! It actually really angered me, not the fact that I'm not supposed to lunch with my friend anymore, but just the whole principle of the thing! Plus the fact the manager never seems to note or comment on all the times I've stayed late, but yet manages to take note of who I have lunch with! Talk about being on a power trip!


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## Purple (25 May 2011)

Your manager doesn't have the authority to tell you what to do on your own time.
I would ignore her but make a point over the next few weeks of letting her and everyone else know when you work late and/or during your lunchbreak.

If she then makes an issue of it again you can recount the extra work you do while telling her that you will not be complying with her request.

As with all of these matters keep emotion out of it and just  stick to the facts.


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## alaskaonline (25 May 2011)

Send her an email. That way you have it even on record. Write to her stating that you thought about the previous conversation you had and were left confused regarding lunch breaks. Ask her if she can clarify again in writing what exactly she meant. Point out that your lunch breaks are unpaid too which is why you're "confused" about the "being non-stop available to clients". If that manager is as blunt and stupid as it seems going by that conversation you had, she will response in the same way and then you have it in writing. Good luck and don't let her get to you.


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## Brendan Burgess (25 May 2011)

Let's take a step back here. 

You have a generally good employer, as you are getting a 15 minute paid tea break. That is rare these days I would have thought. 

Do you take your lunch break at a specific time e.g. 12.30 to 1.30 or can you go at any time? 

When you go on lunch, does someone else cover for you? 

You should not be writing letters at this stage. You should meet with your supervisor and tell her that you were taken aback by what she said and ask for clarification. 

You should ask her if there have been any complaints about you not being available because you were meeting your friend for lunch. 

But don't start issuing legal proceedings. Try to sort it out on a friendly basis first. Also ask some of your colleagues have they been recieved a similar comment. 

Brendan


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## Mommah (25 May 2011)

I agree with Brendan here.
Although I would send myself an email.
It seems bizarre but ask yourself what his/her motivation is?
Perhaps your friend works in a dept that your dept or manager is competing with/paranoid about and is afraid there is too much info sharing going on over your lunch break...which makes him/her look bad.

Just guessing....


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## askU (27 May 2011)

Brendan Burgess said:


> Let's take a step back here.
> 
> You have a generally good employer, as you are getting a 15 minute paid tea break. *That is rare these days I would have thought*.
> 
> ...


 
Here's the law on the matter:

Rests and intervals at work. 
12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

(2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).


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## DB74 (27 May 2011)

askU said:


> Here's the law on the matter:
> 
> Rests and intervals at work.
> 12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.
> ...




Which effectively means that the OP isn't entitled, by law, to a paid 15 min break as well as an unpaid 30 min one (notwithstanding contract law or normal practice etc etc)


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## Complainer (27 May 2011)

Start going out for lunch, and let your mate (by huge coincidence) start going out for lunch at the same time. Once you're outside the gate, it is none of the supervisor's business what you get up to. Even if you end up eating your sandwich while sitting on the wall. Your lunchtime is your own time.

I suspect that what has happened here is that somebody (maybe a big boss) has passed a glib comment to your manager along the lines of 'Those two are always having lunch together - have they no work to do?'. Your manager doesn't have the brains or the confidence to stand up to the big boss, so she has foolishly taken it out on you.


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## ajapale (27 May 2011)

OP are you in a Trade Union? In some employments TU's are very knoledgeble about these matters, they can advise you of your rights/responsibilities and often can help resolve the matter with out a fuss.



Complainer said:


> Start going out for lunch.


 Agreed but this is not allways a practical solution if for instance you work place is in a remote rural area or tucked away at the back of some bleak industrial estate!


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## Complainer (27 May 2011)

ajapale said:


> Agreed but this is not allways a practical solution if for instance you work place is in a remote rural area or tucked away at the back of some bleak industrial estate!



True, but I'd sit in my car parked in a laneway or sit on a wall rather that put up with that kind of attitude. Great suggestion about getting a union involved.


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## AlbacoreA (28 May 2011)

It would reasonable for a manager to suggest this, if there was some issue with clients, or other staff. But if there isn't then its some sort of power trip. So I think going head to head with a manager who obviously has a power trip going on, isn't going to end with every one happy. At least thats always been my experience. 

There usually some give and take in a working environment but if the manager doesn't want to give some leeway over lunch, then I wouldn't be giving them leeway with working through lunch, or working out of hours. I would just quietly not do it.


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## AlbacoreA (28 May 2011)

Once worked on a team where things were pretty informal, but people were fired up and very productive. Often we'd work late or through a weekend to get something done really well. Praise from all sides, awards etc. 

Enter a new manager, laid down the law about everything, everything became informal and everyone just hated it. Productivity fell through the floor, complaints became a problem. Place fell apart eventually. 

Somethings needs rules. But somethings don't.


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## BONDGIRL (30 Jun 2011)

Everyone should be able to enjoy lunch time


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## Leper (1 Jul 2011)

I meant to follow up on this post before now, but it slipped my mind. Brendan suggested that it is too early to start writing down what has happened and that things should be talked through with your management.

While Brendan's advice is good, it is never too late to start recording incidents. Have no doubt, your management will be recording the incident after you have approached them. Writing is not difficult to do and it gives you a recorded weapon to use later if necessary. There may be other people in your section who are recording similar situations also. 

When stuff is written down accurately, it is very easy to monitor what is actually happening over any period of time. The accurately written word is a powerful tool.


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## milliejones (1 Jul 2011)

I think what Brendan meant was that OP was not to start firing off indignant letters  to her manager (sound advice too) but that doesn't mean OP shouldn't record privately all events/interactions with her manager - a record might be useful in future. 

But it shouldn't get to that - OP should clarify lunch arrangements with her manager as suggested above - if no joy, the routes recommended by Complainer and Albacore seem entirely sensible to me.  Sadly, it's been my (increasing) experience that any employee raising formal issues about his/her 'rights' usually ends up being disadvantaged some way or other.


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