Leaving site on Lunch breaks
Comments
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Paid or not you are still under the control of the employer during that period. As I have said - there is nothing stopping the employer from doing so. And that's kind of fortunate too, because if you happen to have an accident during yur break then you'd want the employer to be responsible for it, wouldn't you? Whether or not you were paid? And I assume you'd kind of also like the qualified first aider to help you too? The first aider who is paid for this responsibility. This arrangement is commonplace, and the fact is that the OP can resign and give up the money any time they like.If you are not paid for the lunch break what right does the employer have to tell you what to do with that time, or where to spend it?0 -
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I think if you are ever called to do first aid - on another colleague, customer (if working in a shop) or visitor during your lunch, most decent managers will let you have another 20 mins later in the day to catch up on missed lunch breaks.
If someone needs first aid attention and you are five mins from finishing work, do you say, I can't do it as I'm going home?
I remember a few years ago, a customer fell ill at my work. One of the two first aider colleagues stayed behind to help him and she didn't clock out until 40 mins after her contractual finish time. Think the following day she was at work, she started 40 mins later as no over time going.0 -
You're being paid extra because you're required to stay on the premises during rota'd on lunch breaks. Which I assume isn't every lunch break of every day of every week. By taking the money, you're agreeing to this.
Alternatively, if you'd like to leave the premises each and every lunch break, stop being a first aider. You'll lose the additional pay though.
You can't have it both ways, so take your pick. If you don't like the outcome, you only have yourself to blame.0 -
Read what I said! The law is very clear. You are entitled to a break, which must be a minimum of 20 minutes if you work six hours or more, and that break, which does not have to be paid must be away from your desk or workstation. That is what the law says. It is all the law says. There is no law that says that the employer must allow you to leave the premises. Until such a law is enacted, it is perfectly permissible for an employer to refuse to allow someone to leave the premises for their break. There is also no law that says that an employer must allow you to leave the premises either! In the absence of such laws, this is a contractual matter between the employee and employer. Try bringing a tribunal claim for the right to leave the premises, and see how far anyone gets....CurlySue2017 wrote: »Can you link to the relevant law for this? I would be very interested to see it.
Which is irrelevant because none of that has anything to do with the OP.0 -
Read what I said! The law is very clear. You are entitled to a break, which must be a minimum of 20 minutes if you work six hours or more, and that break, which does not have to be paid must be away from your desk or workstation. That is what the law says. It is all the law says. There is no law that says that the employer must allow you to leave the premises. Until such a law is enacted, it is perfectly permissible for an employer to refuse to allow someone to leave the premises for their break. There is also no law that says that an employer must allow you to leave the premises either! In the absence of such laws, this is a contractual matter between the employee and employer. Try bringing a tribunal claim for the right to leave the premises, and see how far anyone gets....
Which is irrelevant because none of that has anything to do with the OP.
I read what you said but this is a forum where anyone can say anything, therefore a link to back up your opinion would be useful for anyone wishing to clarify that what you are saying is correct.
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CurlySue2017 wrote: »I read what you said but this is a forum where anyone can say anything, therefore a link to back up your opinion would be useful for anyone wishing to clarify that what you are saying is correct.
I agree CurlySue. I've just found this on a site about safety at work and it totally contradicts sangies claim.
"The Working Time Regulations stipulate that if you are over 18, you are entitled to a 20 minute rest break where your daily working time is more than 6 hours per day and, under normal circumstances, under the legislation you are absolutely entitled to take that rest break wherever you want to take it which includes leaving the premises"0 -
"Under normal circumstances"
I think being paid £50 extra to be a first aider which requires you to stay on site comes under not normal circumstances.0 -
Please find the actual law that says this - not a link to an opinion. What you agree with is irrelevant. I have stated the law as it stands. There is nothing in the law that says you can, or can't, leave the premises. Whether you or Curly Sue like it is irrelevant, and I'm perfectly fine with her ignoring me. Really, I'm supposed to care?I agree CurlySue. I've just found this on a site about safety at work and it totally contradicts sangies claim.
"The Working Time Regulations stipulate that if you are over 18, you are entitled to a 20 minute rest break where your daily working time is more than 6 hours per day and, under normal circumstances, under the legislation you are absolutely entitled to take that rest break wherever you want to take it which includes leaving the premises"
Where do the Working Time Regulations say this? Just in case you'd like to make it easier to find, I've provided a link here: http://www.legislation.gov.uk/uksi/1998/1833/regulation/12/made
Oh look at that. It says exactly what I said it says. Can't see the bit that says you can spend it anywhere you like. Happy for you or CurlySue to provide me with that link.0 -
Please find the actual law that says this - not a link to an opinion. What you agree with is irrelevant. I have stated the law as it stands. There is nothing in the law that says you can, or can't, leave the premises. Whether you or Curly Sue like it is irrelevant, and I'm perfectly fine with her ignoring me. Really, I'm supposed to care?
Where do the Working Time Regulations say this? Just in case you'd like to make it easier to find, I've provided a link here: http://www.legislation.gov.uk/uksi/1998/1833/regulation/12/made
Oh look at that. It says exactly what I said it says. Can't see the bit that says you can spend it anywhere you like. Happy for you or CurlySue to provide me with that link.
Would you not say that as there is nothing "specified" in law re whether you can/can't leave the premises then it comes down to "reasonableness"? Under the circumstances of the OP it would indeed be unreasonable for them to take the extra payment and then leave the premises when they are on first aid duty.
However, under normal circumstances when your lunch break is unpaid it would be entirely reasonable to do so and would be unreasonable of the employer to prevent you doing so unless it was a one-off occasion and for good reason.
If an employer could not give such a reason then I suspect a tribunal would find against them if they regularly insisted on an employee remaining on premises on their unpaid lunch break.0
This discussion has been closed.
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