leaving site while on shift-advice please

[kazzalite]

Hi,

 

Im just really looking for some advice. My other half has just started a new job and one of the things stated in his contract is no member of staff while on shift is allowed to leave the site at any time, the company state that as the breaks are paid its up to them and any staff that leave site will be sacked. Can anyone advise if they can stop people leaving site or not?

[Miki123]

My contract states the same thing.

Reason being when you are paid for your breaks in certain jobs such as Security, even though you are paid for your breaks there may be occasions such as Emergencies where you would be needed to attend wether on break or not. If you are off site at the time then it could be difficult to contact you.

 

The other side of it is while you are being paid for breaks you are still under the Company's care and they have a duty of care to you whilst on break. If some thing was to happen to him whilst off site the company would still be held liable and be accountable for it.

 

He needs to speak with his employer, some are quite lenient and if he needs to leave site urgently some will use their description to allow this.

 

Hope this shed some light on the situation.

 

Regards

 

Mike

[kazzalite]

thanks for the reply, thats a great help

[postggj]

i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

• the break must be in one block
  
• it cannot be taken off one end of the working day - it must be somewhere in the middle
  
• you are allowed to spend it away from the place on your employer's premises where you work
  
• your employer can say when the break must be taken, as long as it meets these conditions
  

may i ask what area of employment you are in

 

• 
  

[kazzalite]

i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

• the break must be in one block
  
• it cannot be taken off one end of the working day - it must be somewhere in the middle
  
• you are allowed to spend it away from the place on your employer's premises where you work
  
• your employer can say when the break must be taken, as long as it meets these conditions
  

may i ask what area of employment you are in

 

 

• 
  

 

 

in a distribution center fot a supermarket

[CONCILLIATOR]

i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

• the break must be in one block
  
• it cannot be taken off one end of the working day - it must be somewhere in the middle
  
• you are allowed to spend it away from the place on your employer's premises where you work
  
• your employer can say when the break must be taken, as long as it meets these conditions
  

may i ask what area of employment you are in

 

• 
  

 

The point you underline Squadie means that one can move away from a specific work area, like desk, or machine, or production line, to a rest area or canteen etc but still on the employers premises. It does not mean one can leave the premises completely.

 

Like Miki says, this is not unusual but most managers or supervisors will give permission to leave the premises as long as its a reasonable request and they know where you are.