Are Lunch Breaks Paid in an Employment Contract?

When starting a new job, one of the questions that often comes up is whether lunch breaks are paid. The answer to this question depends on several factors, including the terms set out in your employment contract, company policy and local employment laws. Here’s a closer look at how lunch breaks are typically handled in employment contracts, particularly focusing on the context in England and Wales.

Understanding Employment Contracts

An employment contract is a legally binding agreement between an employer and an employee. It outlines the terms and conditions of employment, including salary, working hours, duties and other important aspects. One area that might be addressed in the contract is rest breaks, including lunch breaks.

Statutory Entitlements

Under the Working Time Regulations 1998 in England and Wales, workers are entitled to a minimum rest break of 20 minutes if they work more than six hours a day. However, the law does not specify that this break must be paid. The requirement is only for the provision of a break, not payment for it.

Paid vs. Unpaid Lunch Breaks

– Paid Lunch Breaks: Some employers choose to offer paid lunch breaks as part of their employee benefits. This is often detailed in the employment contract or company policy. Paid breaks can be an attractive perk for potential employees and may be used by companies to enhance job satisfaction and retention.

– Unpaid Lunch Breaks: In many cases, especially where it is not specified in the contract, lunch breaks are unpaid. Employers are not legally required to pay for lunch breaks unless it is stipulated in the employment agreement or company policy.

Reviewing Your Employment Contract

To determine whether your lunch break is paid, review your employment contract carefully. Look for sections related to working hours, breaks and salary. If the contract is silent on the issue, refer to your company’s employee handbook or speak directly with your HR department or manager for clarification.

What to Do If You’re Unsure

If you’re unsure about whether your lunch breaks are paid, here are some steps you can take:

1. Review Documentation: Check your employment contract and any employee handbooks for specific terms regarding breaks.

2. Ask HR or Management: Direct any questions to your HR department or your manager to get a clear understanding of your break entitlements.

3. Seek Legal Advice: If you believe you are entitled to paid breaks and are not receiving them, consider seeking advice from us here or contact the Advisory, Conciliation and Arbitration Service (ACAS) for guidance.

Conclusion

Whether lunch breaks are paid or unpaid can significantly affect your overall compensation and work-life balance. It’s crucial to understand your rights and the terms of your employment contract regarding breaks. Always ensure you have all the necessary information to make informed decisions about your employment conditions.

At Alexander JLO we have decades of experience of dealing with all aspects of employment and business law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 14th April 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading employment lawyers and is a member of The Employment Lawyers Association. His profile on the independent Review Solicitor website can be found Here