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Unread 24 Jun 2005, 11:04   #1
roadrunner_0
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legal help Re: employment law

one of my friends is in a bit of a quandary, basically, her areea manager has told her that on her lunch break, this would be her unpaid, and therefore not on company time lunchbreak, she is not allowed to leave the store, literally, not allowed off the premises, as she is the person in charge.

Now, i know that this isn't true (or at least, if im honest, im just pretty damn sure rather that knowing, hence asking in here)
But i need some evidence to back this up, so can anyone find me anything in employment law that would cover this situation as i am having trouble

cheers in advance if you can
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Unread 24 Jun 2005, 11:17   #2
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Re: legal help Re: employment law

http://www.adviceguide.org/index/life/employment usually has good info, though i couldn't find anything exact.

That will have details of the local CAB, which is a good place to contact/call/email drop in about this. They will be able to point you too the exact location of relevant legislation etc.

My own take on it :

From memory - the 30 mins lunch comes from the 15 mins break every 4hours that you are entitled to, times 2 (over a 7-8hr working day). Most companies do not pay staff over this time, but some do.

Now this is the crux of the issue, as far as i'm aware. Assuming (as in the stated case) that for those 30 mins you aren't being paid. If you aren't , then any work you do is entirely voluntary. You CANNOT be forced by your employer to do any work during those breaks, because those breaks are your own time. This means that someone else must be in charge of things over that break period (if the company wishes someone else to be in charge for 30 mins or so), because otherwise you are effectively 'working' over your break.

edit : DTI Working Time Regulations may also be of use,

http://www.dti.gov.uk/er/work_time_regs/wtr0.htm
http://www.dti.gov.uk/er/work_time_r...6.htm#section6

the ACAS site is also helpful, and they can be contacted for advice (only via phone though)
http://www.acas.org.uk
http://www.acas.org.uk/contact/contact_us.html
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Unread 24 Jun 2005, 11:32   #3
roadrunner_0
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Re: legal help Re: employment law

yeah, its the same problem i have been having... nothing exact, cheers though NB
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Unread 24 Jun 2005, 11:36   #4
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Re: legal help Re: employment law

np, it looks like you/her will have to call/email/leghump ACAS/CAB or someone, but thats not a big thing to do
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Unread 24 Jun 2005, 11:41   #5
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Re: legal help Re: employment law

indeed, will take that advice to her when i finish
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Unread 24 Jun 2005, 12:03   #6
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Re: legal help Re: employment law

Quote:
Originally Posted by roadrunner_0
one of my friends is in a bit of a quandary, basically, her areea manager has told her that on her lunch break, this would be her unpaid, and therefore not on company time lunchbreak, she is not allowed to leave the store, literally, not allowed off the premises, as she is the person in charge.

Now, i know that this isn't true (or at least, if im honest, im just pretty damn sure rather that knowing, hence asking in here)
But i need some evidence to back this up, so can anyone find me anything in employment law that would cover this situation as i am having trouble

cheers in advance if you can

Get her to tell her area manager that since she is in charge and responsible for the store and it is an unpaid lunch break during which she can do what the hell she like, that as from now the store will be closing for the duration of her break.
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