Leaving Shop During My Lunch Hour

[fairycakes69]

I' m a paid sales assistant in a charity shop, just been told I'm not allowed to leave the shop even for lunch. I'm in from 8.45 till 5.15, paid for 7 hours. Have worked for them for 4 years and they have just come up with this one, looked in handbook and no reference to this. Can they do this?

Thanks

[pixie373]

Do you get paid hourly, factor?

[Mamyalynne]

This does happen in other jobs of course, but to be told you cannot leave the premises....shopping,nails done,pick up dry cleaning etc etc - not on.

Charities up and down the country are doing this, keeping Area managers, losing shop managers but getting a willing shop assistant such as you fairycakes to take on the duties and responsibilities of a manger with no proper recognition.

[factor-fiction]

No- weakly. (boom, boom)

[Mamyalynne]

So you couldn't make a dental appointment for in your lunch hour for example Factor?

[pixie373]

Lol. Know the feeling! So lunch hour isn't necessarily unpaid for you.

[factor-fiction]

No- a daily rate or a monthly salary. By law I'm entitled to a 20 minute break but I don't recall ever having had one. In fact in a previous job in an office people ate at their desks and tended to answer phones or take queries from colleagues.
But fairycakes should establish exactly what's required, ask for extra money if appropriate and decide whether she'd be prepared to quit or seek employment law advice if the employer insists on her being on standby unpaid

[shoota]

Or close the shop for the time she needs to be away.

[factor-fiction]

No mamya- my lunch hour is officially only 30-40 minutes but I usually manage to eat a banana while working through it. Staff generally don't leave the building. There's usually nowhere to go- no shops, barbers, dentists- near schools anyway. But I accept that this goes with the territory. If I didn't like the job or was on minimum wage I probably would not be prepared to do it. I think fairycakes needs to establish what's expected, argue her case and decide how far she wants to press it

[fairycakes69]

Thank you for your answers, yes does annoy me, that no manager but expect assistants to work as manager to save money, it has come from the area manager. I will not get money for being on call during lunch. Really can't win on that one. Get told have to take hour lunch, but then expected to be there if needed. Will talk to CAB, before I dig my heels in.

[Buenchico]

You have the right to leave the premises for the 20-minute period of your lunch break that is provided under statutory provision:
https://www.gov.uk/rest-breaks-work/taking-breaks

[fairycakes69]

Thank you buenchico, my heels will be well and truly dug in.

[Buenchico]

Thanks for your reply.

Just a further thought:
There was a test case where some fast food restaurants were expecting staff to turn up 'on standby'. i.e. they had to be on the premises but were only paid if they were called upon to work. The court ruled that if an employer requires an employer to be on the work premises, even if they're not actually required to do anything at that time, they must be paid for simply being there.

[thugulike]

During your unpaid break (you must have 30 minutes after 6 hours work - Working Time Regulations) you are not under contract and can do what you want. If you are required to stay on the premises, for example staff in care homes, you should be paid during your break.

[douglas9401]

And the world turns. :)