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

[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?

Why 'had you to stay in the lounge' - who asked you too?

You can go elsewhere on your break as it's your time

The person who told you to put your phone away needs to be told you were on your break

sonwhen you said you were a in the lounge, does that mean you were with the people with learning disabilities?

Because if you are on a break then you need to remove yourself to another area tobmake it clear to everyone that you are on a break.

Unpaid breaks, no they can't tell you what to do.

Surely the issue was that you were still around service users - are you sure that you're not normally allowed to use your phone when you're on an actual break?

You should have been on a break, not anywhere near service users. Obviously you can't use your phone near service users. And you can't smoke whilst in uniform. If you don't wear uniform and are able to get off site within the allocated break time I wouldn't think they can do a lot about it. However I would try and wear a coat etc as nobody really likes the smell.

From the OP’s update:

Our breaks are paid 20mins as far as I know.

Well your drip feed changes things a lot doesn’t it!! You were around service users when you got your phone out. I imagine for safeguarding things like taking photos etc are forbidden, or maybe they are not allowed internet access etc so you having your phone out however innocent is a big no-no.

"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"

If you were responsible for not leaving service users unattended then you were not on a break, you were working. Whilst that means it's perfectly acceptable to require you not to smoke, use your phone or whatever, that also means you missed your break.

@iklboo 🤣🤣🤣🤣...I sometimes wish I could neck half a bottle of something

@ChaChaCha2012

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.

I worked for a company where consuming alcohol on the premise was a sackable offence. You didn't have to be drunk to be fired.

You do realise that no amount of body spray or gum covers smoke smell.

You were in a room with vulnerable adults so it was a safeguarding issue in those circumstances and nothing to do with not being allowed to use it on your break - just not allowed to use it in the presence of residents. If you really don't understand why you should not be smoking or using your phone in such circumstances you are in the wrong job!

Our site is a no smoking site and smoking is not allowed anywhere on it.. you can get into your car and drive out the gate and smoke but not anywhere else.