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No lunch or break

Discussion in 'Pay and conditions' started by JodiP, Apr 25, 2019.

  1. JodiP

    JodiP New commenter

    I work in a PRU and we spend break and lunch with the pupils. This means that on a day with no non contacts we have no break whatsoever throughout the day. Is this legal? I thought our lunchtimes weren't included in our pay therefore we are working 35 minutes every day for free.
     
  2. bonxie

    bonxie Senior commenter

    Sounds like it would be worth contacting your union.

    "Teachers are entitled to a daily break of a reasonable length either between school sessions or between the hours of 12 noon and 2.00pm. This provision is found in paragraph 54.3 of the STPCD 2015."
    https://www.nasuwt.org.uk/advice/conditions-of-service/directed-time/lunchtime-supervision.html

    "Midday Break 37. The STPCD states that teachers cannot be required, under their contract of employment as a teacher, to undertake midday supervision and “must be allowed a break of reasonable length either between school sessions or between the hours of 12 noon and 2pm”. Any teacher who volunteers to undertake midday supervision is entitled to a free school lunch. NUT policy, however, is that midday supervision should be undertaken by lunchtime supervisors. Deputy head teachers, assistant head teachers and “excellent teachers” are entitled to a break of reasonable length “as near the middle of each school day as is reasonably practicable”."
    https://www.teachers.org.uk/files/Workload-A5-7037.pdf
     
  3. Skeoch

    Skeoch Lead commenter

  4. Piranha

    Piranha Star commenter

    This would apply if the OP were employed under STPCD, but we don't know that is true. However, if the OP works for over 6 hours a day, then they are entitled to a 20 minute break, which does not have to be paid. That depends on the contract the OP has with the school.
     
  5. cheesypop

    cheesypop Senior commenter

    The SEN school I worked in the pupil hours were 8.30 to 2.30 - so exactly 6. The head told you on interview that you spent break and lunch with the kids. It was the way it had to be but they were upfront about it. If it was possible, within your class team you might be able to get 10 mins at some point in a day but it totally depended on how the day was going.
     
  6. Piranha

    Piranha Star commenter

    I suppose that if the teacher was allowed to work from 8.30 to 2.30 and not a minute longer, then they would lose their entitlement to a break. And, if it were in their contract that they would not get a break, perhaps it would be allowed. https://www.gov.uk/rest-breaks-work
     

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