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Can I Leave the Premises on my Lunch Break?

By: Jeff Durham - Updated: 22 Oct 2018 | comments*Discuss
 
Work Break Lunch Break Working Time

Q.I work with children anything up to nine and half hours a day and get given one half hour break unpaid whilst the children are sleeping. I appreciate the children still need looking after, but if my employer does not pay me for my breaks can she then prevent me from leaving the premises during my half hour break?

(Miss Joanna Walley, 23 September 2008)

A.

The Working Time Regulations stipulate that if you are over 18, you are entitled to a 20 minute rest break where your daily working time is more than 6 hours per day and, under normal circumstances, under the legislation you are absolutely entitled to take that rest break wherever you want to take it which includes leaving the premises. If you are under 18, you're entitled to a 30 minute break whenever you work a shift that is at least 4 and a half hours of continuous work and, once again, you can take that break away from the premises.

However, in this instance, where complications arise is that there are a number of exceptions to the regulations when it comes to leaving the premises.

With regards to your own specific issue, one of the exceptions to the Working Time Regulations when it comes to rest breaks stipulates that the rules apply differently if “there’s an emergency or risk of an accident”. Therefore, your employer could legitimately argue that in spite of the children being asleep, there needs to be a member of staff on the premises in the event that an emergency or accident was to occur.

However, as you’re not being paid for your lunch break, you could then legitimately counter that argument by saying that if you’re unable to leave the premises then, in effect, that therefore means that you're still on ‘work time’ and that even if they still give you the 20 minute break (which is required by law), then you have every right to ask them to pay you for it.

Basically, there are two solutions. Either the employer needs to provide an additional staff member to cover for you whilst you go on your unpaid lunch break and that will mean you can leave the premises if you so choose. Or, alternatively, if they are not prepared to do this, then you have the right to be paid for the time you are keeping an eye on the children at lunchtime, in spite of the fact that you are having your lunch at the same time.

Should your employer not agree to either of these solutions, then your next step would be to seek advice which might also result in you having to take them to an Employment Tribunal to force them to pay you for the time you need to remain on the premises. One final point, however, is that your employer is only obliged to give you a 20 minute break (whether paid or unpaid) not the 30 minutes you’re currently getting, unless you are under 18 where they must give you 30 minutes. And, with you saying you work “up to 9 and a half hours”, should there be any days where you work for less than 6 hours, your legal entitlement may not be the same.

ACAS run an advice helpline and will be able to advise you further.

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I work in health care for a big company I care for a gentleman who requires 2 staff 24..7...so in twos we work from 9.am until 11pm then sleep on the premises on ca to attend unti 7am then continue that morning till 9.30am 16and a half hours awake and 8 sleeping. Twice a week or8 times a m o nth which is often 3 shifts ler week .during those hours we get no breaks officially and can't just leave the premises are we entitled to please .
Jo - 22-Oct-18 @ 8:28 AM
I’ve worked straight nights for along time. We aren’t allowed to leave the building because they say it’s a safety issue. But we let people out at other times during the night and no one says anything. As well if we don’t have a lunch we don’t have any access to actual food or drinks anymore. So I think it’s unfair that smokers can go outside and we non smokers can’t in a separate smoke free area. Please contact HR at 613-968-6701 and extension 280
Dano - 10-Oct-18 @ 7:06 AM
I work an 10 hour day, I am given a 30 minute paid in the morning and a 30 minute break in the afternoon. Am I alowed to leave the premises during my unpaid break in the morning? Many thanks.
NHS emolyee - 23-Aug-18 @ 12:40 PM
claire - Your Question:
Working overnight my employer doesnt pay my breaks but wont let me outside during them. There is nothing in my contract that states a reason for this although they say its for my safety. This is clearly not true as they have shifts starting at 3am and are happy for them to be out and about during the night at the time when I woukd have ny shift.

Our Response:
You would have to discuss this directly with your employer.
WorkplaceSafetyAdvice - 16-Jul-18 @ 2:21 PM
Working overnight my employer doesnt pay my breaks but wont let me outside during them.There is nothing in my contract that states a reason for this although they say its for my safety.This is clearly not true as they have shifts starting at 3am and are happy for them to be out and about during the night at the time when i woukd have ny shift.
claire - 14-Jul-18 @ 7:03 AM
Roaming master - Your Question:
As a truck driver I often take my break in my cab whilst my trailer is being unloaded, often grabbing a quick nap, but now my employer is forcing us to hand our keys in and go wait in the canteen, meaning I cant get a nap, as they are restricting my activities during my unpaid break, am I entitled to ask for my breaks to now be paid?

Our Response:
You are only entitled to the breaks outlined in your contract. However, if you are on a break you should be entitled to spend it away from the building if you choose.
WorkplaceSafetyAdvice - 11-May-18 @ 2:12 PM
As a truck driver i often take my break in my cab whilst my trailer is being unloaded, often grabbing a quick nap, but now my employer is forcing us to hand our keys in and go wait in the canteen, meaning i cant get a nap, as they are restricting my activities during my unpaid break, am i entitled to ask for my breaks to now be paid?
Roaming master - 8-May-18 @ 12:39 PM
We're I work we are not aloud to clock out but they do dock the 30 minutes from your paycheck for your lunch time. But we are told that we are not aloud to leave the building and we cannot go to our vehicles. How is this even fair?
Confused - 4-May-18 @ 7:32 PM
My employers have issued a brief stating that we are no longer entitled to take our tea breaks outside, and that we have to take them in the company canteen in order to protect the company image, is this allowed or do i have the right to take my tea break outdoors if i choose?
Furry_phil - 3-May-18 @ 5:18 PM
Bouncer- Your Question:
If I am locked in a building at night do my brakes have to be paid as I can not leave my place of work

Our Response:
You would have to read the terms and conditions of your employment contract to see what your employer states. There may be a reason why you cannot leave the premises, which may be outlined in your contract. If your employer is not paying you for your break and you are not allowed to leave the premises, then you need to take the advice in this article and discuss this with your employer directly.
WorkplaceSafetyAdvice - 19-Apr-18 @ 11:14 AM
If I am locked in a building at night do my brakes have to be paid as I can not leave my place of work
Bouncer - 18-Apr-18 @ 8:15 AM
Jme8985 - Your Question:
Can an employer lock an employee in a building over night and then refuse to let them out for their unpaid brake where the day shift collugues who work and the firm are allowed to leave for ttheir brakes.

Our Response:
You would have to look at the terms and conditions of your employment contract regarding whether you are allowed to leave the building on your work break. It may be written into the day-shift employees' contracts that they are allowed to leave the building. If you are in doubt, speak to your employer directly.
WorkplaceSafetyAdvice - 17-Apr-18 @ 9:32 AM
Can an employer lock an employee in a building over night and then refuse to let them out for their unpaid brake wherethe day shift collugues who work and the firm are allowed to leave for ttheir brakes.
Jme8985 - 16-Apr-18 @ 1:54 PM
Adzrobinz - Your Question:
Hi, I didn't get a break and I work in a fullers managed pub. Can I take that time off my shift and just leave early?

Our Response:
You would have to read the terms and conditions of your employment contract to see what your workbreak entitlements are. You would not be able to leave early without first discussing the matter with your employer directly.
WorkplaceSafetyAdvice - 16-Apr-18 @ 1:43 PM
Hi, I didn't get a break and I work in a fullers managed pub. Can I take that time off my shift and just leave early?
Adzrobinz - 14-Apr-18 @ 7:01 PM
Kathi - Your Question:
I work for the state of Montana at the Dept of Transportation. My shift is M-F 4 pm to 12:30 am. The majority of employees are gone by 6 pm. There is a huge parking lot but it is NOT lit up well. We have parked in yellow zones after our 8 pm dinner break so we don't have to walk far in the dark. Our boss has threatened to have our cars towed. This area is out of city limits. Can he legally have us towed?

Our Response:
Unfortunately, we can only answer UK-based workplace questions (we are a UK site with knowledge only of UK workplace law).
WorkplaceSafetyAdvice - 13-Apr-18 @ 10:48 AM
Fighter76 - Your Question:
Hi,My work in trying to make me sit in a 3 seater cab of a truck and have my 1/2 hour lunch break. Whilst the truck has three men in the cab.Can they do this ?The cab alone is filthy, I would have to use the toilet at the closet supermarket.And also need to wash there.Movement is severely restricted.You have no access to a kettle for hot water or any other electricals.

Our Response:
Unless it is stated in the terms and condition of your employment contract, you should be able to have your lunch where you choose to. If you’ve tried solving this issue informally by talking to your manager but you’re not satisfied, you can make a formal grievance complaint in writing, please see link here.
WorkplaceSafetyAdvice - 12-Apr-18 @ 12:30 PM
I work for the state of Montana at the Dept of Transportation. My shift is M-F 4 pm to 12:30 am. The majority of employees are gone by 6 pm. There is a huge parking lot but it is NOT lit up well. We have parked in yellow zones after our 8 pm dinner break so we don't have to walk far in the dark. Our boss has threatened to have our cars towed. This area is out of city limits. Can he legally have us towed?
Kathi - 12-Apr-18 @ 2:58 AM
Hi, My work in trying to make me sit in a 3 seater cab of a truck and have my 1/2 hour lunch break. Whilst the truck has three men in the cab. Can they do this ? The cab alone is filthy, I would have to use the toilet at the closet supermarket. And also need to wash there. Movement is severely restricted. You have no access to a kettle for hot water or any other electricals.
Fighter76 - 11-Apr-18 @ 7:12 AM
AngelI- Your Question:
My contract states I work 35.hrs a week over 5 days. We work 8.5 hrs per day with a 1hr unpaid lunch. As we work with volunteers there has to be a paid member of staff on premises at all all times.as I am constantly the only paid employeek on site and end up working 8.5 hrs without a break. This often brings my weekly hours to 42.5 hrs. Bit I only get paid for 35hrs. Can I claim for extra hours as employers say they don't pay overtime.

Our Response:
You can insist that you take your break. Your employer has a legal obligation to provide this. You can see more via the link here.
WorkplaceSafetyAdvice - 5-Apr-18 @ 1:53 PM
S - Your Question:
I work as a nurse on duty. The rest of the staff (not nursing) leave the building for thier lunch but I am not allowed to. If another nurse were to relieve me & vice versa I would not get a day off. What can I do? Nobody is paid for their break time.

Our Response:
You would have to read the terms and conditions of your employment contract first of all, to see why you are the only person not to have a lunch break where you can leave the building. If the terms of your contract do not give a reason, then you may wish to speak with your employer directly in order to try to solve the problem informally in the first instance. If you try solving the problem or concern informally by talking to your employer or manager but you’re not satisfied, you can make a formal grievance complaint in writing, please see link here .
WorkplaceSafetyAdvice - 5-Apr-18 @ 10:56 AM
I work as a nurse on duty. The rest of the staff (not nursing) leave the building for thier lunch but I am not allowed to. If another nurse were to relieve me & vice versa I would not get a day off. What can I do? Nobody is paid for their break time.
S - 4-Apr-18 @ 12:41 PM
My contract states I work 35.hrs a week over 5 days. We work 8.5 hrs per day with a 1hr unpaid lunch. As we work with volunteers there has to be a paid member of staff on premises at all all times.as I am constantly the only paid employeek on site and end up working 8.5 hrs without a break.This often brings my weekly hours to 42.5 hrs. Bit I only get paid for 35hrs.Can I claim for extra hours as employers say they don't pay overtime.
AngelI - 1-Apr-18 @ 10:13 AM
Meech - Your Question:
My employer has asked us to sign a hand written letter, telling us that we are no longer allowed to leave the premises on our unpaid 30 minute lunch, can they do this legally?

Our Response:
Your employer can. However, you can challenge it and refuse to sign if the letter conflicts with the terms and conditions of your employment contract. Both the employer and employee need to agree to any contract changes, please see link here .
WorkplaceSafetyAdvice - 22-Mar-18 @ 3:41 PM
My employer has asked us to sign a hand written letter, telling us that we are no longer allowed to leave the premises on our unpaid 30 minute lunch, can they do this legally?
Meech - 20-Mar-18 @ 3:42 PM
overit - Your Question:
I work in an office and we are told that on our paid 15 minute breaks that we are not allowed to leave in our car without clocking out but other employees including management are allowed to WALK a mile around the block during their breaks. How is this legal?

Our Response:
You would have to refer to your employees handbook regarding this matter.
WorkplaceSafetyAdvice - 16-Mar-18 @ 11:59 AM
I work in an office and we are told that on our paid 15 minute breaks that we are not allowed to leave in our car without clocking out but other employees including management are allowed to WALK a mile around the block during their breaks.How is this legal?
overit - 15-Mar-18 @ 6:40 PM
Roo1980 - Your Question:
Hi , I work night shift in retail and my employer is changing our contracts and one of the things they are changing is that they will not be paying our 45 min break but they still say we have to remain in the building ,can they do this. As the night shift originally got paid breaks because of keeping us in , day shift didn’t get paid as they were allowed out for breaks.

Our Response:
Usually, the employer and employee both need to agree to any contract changes made. Pease see link here, which will tell you what your employer can or cannot do. Likewise, employees can disagree with a change to their contracts. As this change involves you losing money from your wages, you may wish to give Acas a call in order to explore your options further.
WorkplaceSafetyAdvice - 13-Mar-18 @ 2:23 PM
Hi , I work night shift in retail and my employer is changing our contracts and one of the things they are changing is that they will not be paying our 45 min break but they still say we have to remain in the building ,can they do this . As the night shift originally got paid breaks because of keeping us in , day shift didn’t get paid as they were allowed out for breaks .
Roo1980 - 12-Mar-18 @ 8:25 AM
Hi, I am just wondering if an issue that has arisen during a meal break between a colleague and my father a sack able offence?
ASKING4PA - 27-Feb-18 @ 2:03 PM
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