Paid rest break query

[marko301]

Hi, apologies if this has been covered elsewhere on the forum.

I'm trying to find out if I am allowed to leave the premises whist on a paid rest break? I have worked for the same company for 37 years and have been in my current role with the company as a maintenance person for 27 years. In all that time I have been paid for a 60 minute rest break which I have used as a lunch break and left the premises to go home for lunch.

A few days ago I was told by my line manager I am no longer allowed to leave the premises and I have to stay on site so I am available if they need me. I work 5 days per week 9 until 5, Monday to Friday. I am the only person who does my role and nobody covers me on my days off or when on holiday leave.

My contract only states my employer allows me to take a 60 minute paid break to be taken at a time that suits my employer. My contract also refers me to the employee handbook for more information but there is nothing in the handbook to suggest where the paid break must be taken.

When I brought this up with my line manager they said it is written in their Policies and Procedures. I have never been aware of their Policies and Procedures and I'm still waiting for them to make a copy available to me. Nowhere in my contract or the employees handbook does it mention Policies and Procedures neither do they signpost me to them.

I have a feeling because the rest break is paid, they can pretty much stop me from leaving but I was hoping to gain clarification from an unbiased source.

I would appreciate any help in clearing this up.

Many thanks.

[ULA]

The statutory rest break is 20 mins in a 6-hour period of work and the law states that workers are allowed to spend it away from their desk or workstation i.e. away from where they actually work which would typically be in another part of the building e.g. a rest area or could arguably be at home if you are lucky to live close by. The employer is not obliged by law to give a longer rest break than this nor are they obliged to pay you for the hour that they have given you contractually.

I would suggest that you need to wait for a copy of the Policies and Procedures they are referring to and find out why they have not been made available to you before now. Have you gone home very day for the last 27 years you have been doing this job? If not, how long have you been doing this for and I presume your manager has always know this?

[marko301]

Hi, Thank you for the reply.

We have ancillary staff and care staff who both work for the employer. I believe the care staff have always had Policies and Procedures available to them. The nature of their role means they need to be available for emergencies even if they take a break. ie, a client has a fall etc...

I am part of the ancillary staff and nothing has changed it the past 27 years. I have always gone home for lunch. My guess is somebody has decided to make it fair across the board. Carers are there 24/7. I'm there 9 to 5 five days a week and nobody covers my role when I'm not there.

I had searched the internet before finding this forum but all I can find is you are entitled to take your break away from the premises if you wish but my guess is that is for an unpaid break?

[ULA]

As you say the ability to take statutory breaks away from your desk or workstation is what is set out and this is stated in section 12 (1) of the Working Time Regulations (WTR) 1998. However, that same legislation also set out exceptions and at section 21 (c) (i) it states:

"(c) where the worker’s activities involve the need for continuity of service or production, as may be the case in relation to —

(i)services relating to the reception, treatment or care provided by hospitals or similar establishments, residential institutions and prisons;

I am guessing that you are working within the care sector which could be categorised as being covered by (i) above, in which case there is more "leeway" around how the WTR are implemented regardless of whether the break is paid or not.

I would advise as per my point in my post #2 ".....that you need to wait for a copy of the Policies and Procedures they are referring to and find out why they have not been made available to you before now." Maybe see if you can get some agreement to this only happening on a set number of days each week as you have not been bound by this requirement for the last 27 years.

[marko301]

Thank you again for the reply.

I need to be careful with my reply because I'm concerned my employer or a management could see this. I'm not looking for a war with them or anything so I'm treading very carefully.

The manager said ancillary staff not having a copy of the P&P was an oversight but it has always been available to read in the carers staff room. Their staff room is a separate room to our staff room so it's not somewhere I would go looking for it had I known it existed.

Yes it's does consist of private care but not in the way you might think. It's totally private. The clients I refere to are also the employers. I'm sorry for being sketchy but they are very private. They are very strict about confidentiality.

It's frustrating I can't give more details. I apologise. I know I'm not giving you a lot to work with.

I should hopefully receive a copy of the Policies and Procedures on Monday. I will update when I have them.

Many thanks.

[ULA]

Completely understand your need to be as anonymous as possible and therefore guarded with the information.

Look forward to the update when you have received a copy of the document.