Can an employer restrict what you do on a paid break? Read on...?
Find answers to your legal question.
Can an employer restrict what you do on a paid break? Read on...?
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My employer does not allow you to leave the premises on a paid break, this was fine before the smoking ban, however now you cannot smoke on the premises what can you do?!
Surely legally an employer cannot tell you what you can and can't do on your break? It is a legal requirement to give an employee a break so can I not do what I want in it?!
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Norton G
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As the employer is paying for your time, he has entitlement to your compliance with his rules - or, to put it another way, if he's paying for your time, you do as you're told ! ! ! |
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Daisy the cow
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Yes, in the eyes of the law if they are paying you for your break, they can state that you are not allowed to leave the premises. You are correct that it is a legal requirement to allow breaks, but if they are paid it is up to the employer to dictate terms and conditions. Sorry, not much fun. If it is any consolation though, the premises extends to the grounds outside the workplace and you should be able to go out the front/back door for a puff. |
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OriginalBubble
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I think if it is a paid break then he can tell you what to do. Generally breaks are taken unpaid.
I also beleive that since the smoking ban a smoking area has to be provided |
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Tufty Porcupine
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If they are paying you at the time - of course they can tell you what to do!
It would be different for an unpaid break, i.e lunch.
Furthermore there is no requirement in law to provide a smoking area. |
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sophieb
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When you became an employee did you sign anything? A contract, an agreement to follow their rules and regs? A person hired usually signs either. If you signed and agreed to follow the rules then you must abide by the rules, so get a patch, or in the alternative don't work there. |
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KISHOR LAL
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Leaving the premise on paid break is requiring you to again return to premise and time consumed between your departure and arrival may be disturbing other co-workers and your employer will not like to reduce the efficiency as a whole . So employer does ban employees to leave the premises during paid break.. |
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PAUL D
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Unfortunately your employer can restrict you from leaving your workplace during your working day. However you did not state if this paid break is part of your entitlement to 20 minutes break under the Working Time Regulations 1998. In these 20 minutes an employer cannot make you stay in the workplace.
The comment someone made regarding supplying shelters to smoke in is not true. You should also check your terms and conditions of employment regarding rest periods.
I hope this is of some help. |
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just trying to make a difference
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hi, i would suggest phoning the employment law helpline for some advice on the matter - their number is 0800 854083
i once worked somewhere were we weren't really allowed to leave the building at break times in case of fire/emergency etc but like you say if they are not allowing you to smoke in an allocated place on the premises then surely you should be allowed off the premises to do so!? otherwise people would just start smoking in toilets, store rooms etc on premises which may result in fines for both employer and employee! not to mention the health and safety risks. |
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Van der Elst
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Don't know what the law is now, but 20 years ago, I was interviewed for a job by a guy who told me that all my breaks ( including lunch) must be taken on the premises - I declined the offer of the job! Try the CAB. If no joy try another job.
I am a rabid anti smoker, but no-one should tell you you have to stay on premises (Sounds like they are trying to force you to quit smoking?) This is well out of order. |
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G!
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They cannot keep you in the building against your will (Imprisonment), and unless there is a valid reason to stay in the building, you should be free to leave if you wish
Your break is your free time, to do whatever you so wish.
However, they are entitled to know that you are leaving the building for fire safety reasons ("I am going out for Lunch, be back in 30 minutes")
In short, you have a right to leave the building if you wish to. |
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YodasTatoo
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It is legal to fire you if you don't comply with their rules. Also employers can legally fire smokers if they ask them to quit and they don't. If you don't like your company's rule, you can always quit and find another job. |
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pirate_princess
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I believe that he may have to provide you with a smoking area in that case, he can't have it both ways.
Or you could give up a filthy habit that kills you and makes you smell real bad? |
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