Not allowed to leave work during Lunch break?

Stageshoot

Hi Guys

just looking for some advice on this

At my new work place I work on a small weekend team, working 2 - 10 hour shifts Sat/Sun 8am to 6pm with 1 hour unpaid lunch,

There are normally 3 people working so 1 takes lunch 11.30-12.30 Next 12.30-1.30 and last 1.30-2.30

For the last few weeks one member of staff has been either sick or on holiday, and as there are only 2 of us working we have been told for Health & Safety and to ensure our welfare, we are not allowed to leave the office during our unpaid 1 Hour lunch, we can sit in reception and have a cup of tea and watch TV but must not leave the building

(Basically as this would leave only 1 member of staff in the office - which they said is a breach of rules)

Surely this is breaking the law, how can they insist we have an hours unapid break and then insist that we do not leave the building

I ask as normally I would go home and let the dog out for a run during lunch which I can no longer do on any weekend where there is one person ill or on holiday.

Any advice appreciated.

Hermia

Where I work we have to work every other Saturday and we obviously only have half the staff. We are nicely asked if we can not go out for lunch, but my boss did say she could not order us to. She said that they can tell us not to go out during tea breaks because they are paid, but can't tell us not to go out during an unpaid lunch break.

Stageshoot

Hermia wrote: »

Where I work we have to work every other Saturday and we obviously only have half the staff. We are nicely asked if we can not go out for lunch, but my boss did say she could not order us to. She said that they can tell us not to go out during tea breaks because they are paid, but can't tell us not to go out during an unpaid lunch break.

Are they 1 Hour or 1/2 Hour lunch breaks?. I would not mind if was just an occasional thing but with holidays/sickness it looks like its going to be a regular thing and being a 10 hour shift its a really long day unless you can get some time away from it. (Dont even get any other breaks during the shift pair or unpaid!)

Browntoa

they are probably worried about "duty of care" if they other person fell ill or hurt themselves then no-one would know

not sure if its compulsory for you to supply duty of care

ohreally

It's unreasonable to ask you to remain on-site when your no longer being paid.
Ask what helath and safety law they think is being broken by you leaving site.

Why can't the supervisor cover for this time?

juliescot

The unpaid time is your time to do with as you see fit.
If they have a problem with health and safety then they need to address this.

Stageshoot

ohreally wrote: »

It's unreasonable to ask you to remain on-site when your no longer being paid.
Ask what helath and safety law they think is being broken by you leaving site.

Why can't the supervisor cover for this time?

There is no supervisor, just a team of 2/3 of us who all have the same responsibility, so if 1 in off there are just 2 of us left who have to cover phones for emergency calls, and they have told us company rules are there are never to be less than 2 people on site for "Heath and Safelty" issues.

Hermia

VickyHurn wrote: »

Are they 1 Hour or 1/2 Hour lunch breaks?. I would not mind if was just an occasional thing but with holidays/sickness it looks like its going to be a regular thing and being a 10 hour shift its a really long day unless you can get some time away from it. (Dont even get any other breaks during the shift pair or unpaid!)

1 hour long lunch break (I work an 8 1/2 hour day). Often we end up taking the hour in chunks if it's a particularly busy day and the phones keep ringing. We don't mind doing it as it's only once a fortnight and the alternative would be us all working every Saturday so that we have proper cover - no one wants that!

If one of you goes out will that leave only one person in the office or the whole building? I am the only person in my department on a Saturday, but there are other people in the building.

geri1965_2

As far as I know there are no rules that say there has to be more than one person on the premises. Very often there is only one person at my work, for example, working late when others have gone home.

They need to revise their policies - or find someone to cover your absent colleague.

Hermia

VickyHurn wrote: »

and they have told us company rules are there are never to be less than 2 people on site for "Heath and Safelty" issues.

Blimey! I work for a library authority and we have many single-staff libraries. They are often in the middle of nowhere and staffed by middle-aged women who have to deal with the aggressive customers on their own as well as all the usual problems that can beset a workplace. I know many businesses and organisations that often only have one member of staff on site.

I think you need to have a chat with your boss about how often this is going to happen. Perhaps you need to make it really clear that whilst the staff are willing to do their bit this can't become a regular occurance.

juliescot

VickyHurn wrote: »

There is no supervisor, just a team of 2/3 of us who all have the same responsibility, so if 1 in off there are just 2 of us left who have to cover phones for emergency calls, and they have told us company rules are there are never to be less than 2 people on site for "Heath and Safelty" issues.

If they expect people to be working in a building on their own then there should be, written into their H&S policy, a lone working arrangement. Staff should be given a copy of it.

http://www.hse.gov.uk/contact/faqs/workalone.htm

As you will see from the above document
There are no absolute restrictions on working alone; it will depend on the findings of a risk assessment.

There should have been a risk assessment carried out and its findings enacted upon. If the result of the RA was that member of staff could not be left on their own then anyone else with them would be deemed to be working and therefore paid.
Any person would still need a break after six hours so as not to be in breach of the working time regulations.

You cannot be forced to stay at your place of work, unpaid.

Make sure you go home and let the dog out.