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Original poster

How much can an employer dictate what you can and cant do on your break?

37 replies

makingmiracles · 01/10/2020 13:08

Just wondered what the actual rules are, have tried to google but its unclear.
When working 7+ hrs you’re legally allowed 20min break, but can your employer tell you what you can and cant do on that break? For example, leaving the premises, having a ciggarette, using your phone?

I learnt on my first shift-funny how they failed to mention it up to that point, that they do not allow smoking whilst on shift. So 7-9hrs without having a smoke, was hard at first but I’m used to it now, chainsmoke on the way there and on my way home.
The other thing of not using phone, totally understand they don’t want it on you/being used whilst working but I was on my 20min break the other day and got told off and told to put it away!

Seems like the only thing allowed is a drink and a bite to eat. Can employers have this much control over what you do during your break?

OP posts:
Burnout101 · 01/10/2020 13:19

I don't think they have any say unless it will directly affect your job/workplace in a security/reputation/health and safety way, eg going on your phone if you're in a biohazard area, going off site if you're working in a secured area, eating peanut butter sandwiches if you're an allergy tester etc. If it's just their preference they can't legally enforce it.

Burnout101 · 01/10/2020 13:20

Unless you're a nurse trying to smoke in your scrubs or going on your phone in a data secure environment I can't see why there's an issue.

user15412486546 · 01/10/2020 13:21

Where are you taking your breaks?

ColdTattyWaitingForSummer · 01/10/2020 13:22

I can kind of understand the smoking one, as you would come back smelling of smoke, which potentially isn’t pleasant for colleagues or customers. But I don’t think the phone one is fair, so long as it’s turned off / not on your person by the time you restart your shift.

FlitterMouse · 01/10/2020 13:26

Is there anything in the contract about what you can or cannot do. Smoking I can understand.

TheBeesKnee · 01/10/2020 13:26

It really depends, as others have said.

What is your job? Security? Slaughterhouse? Tesco shelf-stacker? Depending on the work involved, they may or may not be unreasonable.

TazMac · 01/10/2020 13:29

Smoking I can understand.

You may dislike smoking but cigarettes are sold and consumed legally.

Spam88 · 01/10/2020 13:34

Agree with the first response that you should be able to do what you like as long as it doesn't risk harm (including reputations harm to your company). So, for example, I wouldn't expect a nursery worker to be allowed to smoke on their break and then go be around babies.

SavoyCabbage · 01/10/2020 13:39

In a lot of schools you aren't allowed to go on your phone at all unless you go into the office. Not even in the staff room.

iklboo · 01/10/2020 13:39

You may dislike smoking but cigarettes are sold and consumed legally.

So is alcohol but I can't neck half a bottle of vodka on my break.

FlitterMouse · 01/10/2020 13:40

What sort of job is it. There are smoking at work rules in the uk.

Sweetmotherofallthatisholyabov · 01/10/2020 13:43

In my old place you couldn't leave the building on paid breaks for insurance purposes so no smoking but I don't think for unpaid breaks there was any issues

dementedpixie · 01/10/2020 13:43

Its an uninterrupted 20 minutes break if you work 6 hours. Do you go offsite in your break?

ChaChaCha2012 · 01/10/2020 13:44

So is alcohol but I can't neck half a bottle of vodka on my break.

They can't forbid drinking alcohol, they can forbid you to do something that would impair your ability to work (get drunk).

Assuming the OP is moving away from their workplace and covering their uniform the employer cannot prohibit them from smoking on their break. If there is a BO issue as a result of smoking that should be dealt with accordingly. Even then they can't prohibit her smoking, any more than they can prohibit someone from eating smelly food.

iklboo · 01/10/2020 14:00

THIS IS QUITE USEFUL

Not sure about phones though. Did you go 'off site' or were you still in the premises? What do you do (broad outline if too outing)?

TazMac · 01/10/2020 14:00

@iklboo

You could but you would likely be impairing your ability to do your job.

You could consume a small amount of alcohol on an unpaid break, in the same way that you can smoke on an unpaid break.

Never been out for a birthday lunch with colleagues and some people have had a small glass of wine?

Feminist10101 · 01/10/2020 14:04

@makingmiracles

Just wondered what the actual rules are, have tried to google but its unclear. When working 7+ hrs you’re legally allowed 20min break, but can your employer tell you what you can and cant do on that break? For example, leaving the premises, having a ciggarette, using your phone?

I learnt on my first shift-funny how they failed to mention it up to that point, that they do not allow smoking whilst on shift. So 7-9hrs without having a smoke, was hard at first but I’m used to it now, chainsmoke on the way there and on my way home.
The other thing of not using phone, totally understand they don’t want it on you/being used whilst working but I was on my 20min break the other day and got told off and told to put it away!

Seems like the only thing allowed is a drink and a bite to eat. Can employers have this much control over what you do during your break?

You didn’t google very well. It’s over 6 hours to be entitled to a break.

In theory if your break is unpaid then you can’t be dictated to. In reality other policies will impact on this. Eg whether uniforms can be worn off site, management of personal information (so no phones allowed), smoking areas etc.

iklboo · 01/10/2020 14:07

Never been out for a birthday lunch with colleagues and some people have had a small glass of wine?

Not for a long time, no. Because our contacts prohibit the consumption of alcohol during working hours.

witchofthenorth · 01/10/2020 14:10

Is your break paid or unpaid? Do you go offsite? Is there a designated smoking area? The nature of your work is also relevant. Generally speaking, if it's an unpaid break then no, they shouldn't have that level of control over what you do in that time. Can you give a little more detail?

Wexone · 01/10/2020 14:35

If you break is unpaid then they really cant control what you do. If its paid then they can. you need to give more information here ? I can understand the smoking part, our workplace has chemicals so you can't smoke anywhere on site, there is a place at the gate to go to, but I have to say the smell of the smokers when the come back into the office is horrible. Can you maybe use this job to try and help you give up ? Also as well due to the chemicals there are certain areas you of the site you can not bring your phone with you

TazMac · 01/10/2020 15:06

Not for a long time, no. Because our contacts prohibit the consumption of alcohol during working hours.

There is nothing (that I am aware of) in statutory legislation stating this and not everyone’s contract will be the same as yours.

TazMac · 01/10/2020 15:07

Can you maybe use this job to try and help you give up ?

Speaking as a non smoker, it’s entirely up to the OP whether or not she wants to give up smoking.

iklboo · 01/10/2020 15:18

There is nothing (that I am aware of) in statutory legislation stating this and not everyone’s contract will be the same as yours.

I didn't say they were. I was asked had I not ever been for a colleague's birthday meal where someone had had a glass of wine. And I haven't because of our contract. I didn't say nobody should / could ever have a lunchtime drink ever.

Original poster
makingmiracles · 01/10/2020 22:10

It’s residential care, supporting individuals with learning disabilities, no uniform or ID lanyard worn.

The smoking thing I do understand about the smell etc but its the first job I’ve ever done where it was completely forbidden on shift, most places allow it as long as you’re offsite or out of site, the irritating part was not telling me until my break on my first shift, guessing they do that as maybe they’ve lost staff in the past after telling them. It is written into the policies, but again you get those after you’ve started.
I’m super aware of being a smelly smoker so I do try and cover up with body spray and gum after smoking anyway.
In the long run, it will be helpful when I do give up but I’m not quite at that point yet. It puts me off ever volunteering for A sleep in or a 12hr shift as I’m not sure I’d manage.

Our breaks are paid 20mins as far as I know.
I was still on premises using my phone, only to browse online for shopping whilst eating a sandwich but I’d had to stay in the lounge as other staff were occupied otherwise I’d have not had a break and couldn’t leave people unattended.

OP posts:
TeacupDrama · 01/10/2020 22:27

There are certain things an employer can have rules about including off duty, like zero tolerance for alcohol in system if you are airline pilot social media policies but they have to be necessary not personal preference like no egg sandwiches but generally speaking if unpaid you can please yourself, if paid break they have more control but a break means no work no answering phones etc though I realise that many people are too scared of losing job to insist on rights