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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47615
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have been told by our employer that we are not allow to

Resolved Question:

We have been told by our employer that we are not allow to leave the building on the night shife which is 10 hours,we don't get paired for our one hour break but because we are the only person on duty we have to respond to any prom
Eme that may occur,so some nights we may not have break at all to keep up with set duties.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. So do you mean that even if you are allowed to take breaks you have to take them in the building, rather than go out?
Customer: replied 1 year ago.
During day shifts when you have cover you are allow to leave the building but on nights this is not possible so yes you have to take them in the building
Expert:  Ben Jones replied 1 year ago.
When you have your breaks you are only entitled to have the time away from your work area, i.e. the actual place where you work. So if you work at a desk job, you cannot be expected to take your break at your desk, but can be required to take it in a staff room or other rest area, which can be inside the building. So the employer could require that your breaks are taken inside the building, as long as they are not taken at the actual place where you undertake your work. However, there are exceptions to that and even to the lack of breaks on a shift. Some jobs may require the workers to be working constantly and without breaks. For example, security work is one of the exempted ones. In that case the employer must give you compensatory rest: https://www.gov.uk/rest-breaks-work/compensatory-rest This means that you may not be allowed to take your rest break within the usual specified time limits but you must be allowed to take it at a later stage, not even on the same day. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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