I think you can force her to take it - adherence to the WTR is an employer's responsibility, so if she's working sufficient hours, I would be enforcing the break, and making clear it's not a choice of having a break, or having a bit more pay.

Hi Darren,

Might be slightly different if the employee is a teacher (not sure) and covered under STPCD and you're referring to morning/afternoon break times vs lunch time (again not sure)

Otherwise, WTR comes in to play:
www.nidirect.gov.uk/.../rest-breaks
If the contract allows you to, you can make them take their breaks. If they work through them, again based on contract wording, you don't have to pay them. After 3 years of being able to claim pay, they may cite "customer and practice" but my belief is that it would actually be 'custom and practice' to take the breaks as per contract wording as that is what is advised within the industry - someone else on the forum will confirm this no doubt - Another useful one is www.atl.org.uk/.../ADVW9_support_staff_workload_state_and_academy.pdf

Kind regards,
Laura

In reply to Laura Fazackarley:

Thanks Laura,
As far as i can see, it doesn't say anything about breaks in the contract, so im thinking that we just go by what the wtr is stating. Shes not a teacher btw...

In reply to Annabel:

I think thats good wording actually. So we as an employer are complying with the WTR then she must have a break. Especially as she is working with a VDU which means its a good idea, H&S wise, to have a break from the screen.

Hi Darren

Although there may be a H&S issue, I would not justify insisting this lady takes a break by citing the WTR. That suggests that if not for the WTR, she would be free to decide to work her breaks and be paid for the time.

I think you need to find out who is signing off the payment of this overtime. If no one is signing it off, someone needs to review payroll management procedures fairly urgently. If the employee's manager is signing it off, you need to find out in the first place if the manager sees it as a problem.

Is this person on a salary + overtime, then Darren?

Does she working through lunch in order to leave early / earlier at the end of the day... or just overtime? Like Elizabeth says... who is signing that off?