Forbidden Breaks!!!! Please Help!!

[Yolanda S]

Could someone please help me??
Where I work they have just informed us that only 2 of us are allowed to leave the premises at lunch. Now I do not get paid for my lunch hour so should I be allowed to go out? My boss claims it is part of OfSTED policy??
If you know anything about whether this is infact true could you let me know??
Thanks Yolanda

[plowter]

You are bound by your contract of employment, to which you agreed, and so has your employer. Unless your contract specifically restricts your movements then you should be able to leave the premises in your own time.

It may be that the company's health and safety requirements dictate that two members of staff on are on duty at any one time. That's a management issue.

It may be that your employer considers that you're 'at lunch but available and responsible' which is incorrect.

Ask your manager to clarify your terms and conditions. Contact the ACAS Helpline for advice 08457 47 47 47

[Ethel]

I assume you work in a school. If you are a teacher, this is NUT's stance:

The NUT�s view of the �break of reasonable length� is that teachers should have an entitlement of at least one hour when they cannot be required to undertake duties, attend meetings or remain on school premises. The lunch break cannot be included in the 1265 hours of directed time.

You could contact OfSted for clarification.

[tigwig]

I think like myself you are a nursery nurse. My last employers tried to pull this one and failed because they weren't prepared to pay us. there point was that as most as the staff lived nearby nearly all of us went home for lunch and once there was only 1 person in the staffroom so in the event of a fire it would have been difficult to evacuate quickly. We did agree but for no pay we said tough! (or words to that effect!) It didn't help that the staffroom was tiny and should have been a storage cupboard and had to be changed cos they had forgotten to put a staffroom in

[naomi24]

Under the heading 'Rest Breaks - a break during your working day', this says you are allowed to spend uour break away from the place on your employer's premises where you work.

http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029451