Tuesday Q&As

17.10.23

• Confusion over paid/unpaid breaks. Where do I stand?

• Can you be made to do on-call work at weekends?

• Instructed to do ‘voluntary’ overtime.

• Working ‘on call’ is not in my contract - do I have to do it?

• Term time pay differential. Is this correct?

• Should you be paid if you work through an unpaid break?

• Apprentice pay or normal pay. Does it matter?

• Should employer agree to a shift change to reduce stress?

• Agency worker on a zero hour contract - is it legal?

• Should employer pay staff who are sent home with Covid although they are asymptomatic?

---

Q. Hello Tim, I recently joined a company expecting to do 12hr shifts on the pitman pattern 2 weeks days and 2 weeks n/s alternating. My contract states 42hr week. I have found I am working 12.5hrs and am working extra 30mins after my 12hr shift going into a meeting. After questioning this with a colleague I was told I am paid for 30min break and another 30min break is unpaid and this is the time "added" to the end of the shift? My contract mentions a 30 min break and 2 15min breaks. My job is such that I do not have defined break times and get them only when it is quiet - which is not often. Could you give an opinion on this situation?

A. So, in effect, what you are saying is that your breaks do not mirror those as set out in your contract. The two 15 minute breaks - are they paid or unpaid? I suppose if your 30 minute break is paid and the two 15 minute breaks are unpaid, you are receiving the correct amount, but I think you need clarity on this from someone other than a work colleague.

However, a word of warning; if you start making waves about the strict interpretation of your contract with less than two year’s service your employer may decide to avoid any hassle and dispense with your services. I presume this is why you have raised it with a colleague rather than your line manager. Either way, think carefully before taking this to the next level.

---

Can you be made to do on-call at weekends?