Hi all, I work for a housing association - one of our sites has during the day one member of staff who legally is obliged to take a 30 minute lunch break. However at this time they are expected to stay on site to enable access to the building from residents. Although their lunch break may not be interrupted they have to stay. My question legally - should this paid? & does this bring into question to our compliance with permitting a 30 minute break (which at present is un-paid). Comments welcome.

Your question (to me at least) seems a little muddled. I assume you mean that they are contractually obliged to take a 30 minute lunch break (unless you’re saying that they are a ‘young worker’) I have to say that the 2 situations 1. That they must remain on site to enable access from residents 2. They may not be interrupted How do they enable access if they are not to be interrupted? It doesn't make a lot of sense to me. While it sort of sounds as if they are ‘on call’, if they are not to be interrupted, what purpose do they serve by remaining on site? There is guidance and case law for ‘on call’ situations under WTR, try Sindicato de Médicos de Asistencia Pública (SIMAP) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana [2000] IRLR 845 ECJ Landeshauptstadt Kiel v Jaeger [2003] IRLR 804 ECJ Your situation doesn’t seem to fit into either category as they are required to be on site but not have to do anything! They obviously aren’t free to pursue their own activities but neither are they required to work. Something doesn’t quite sound right to me.

Thank you for your views, the reason for the question is because we are all unclear as to the situation. Hence, the question may have sounded a little confusing. We (the Housing Association) currently say that the worker should stay on-site during their 30 minute break and open/close secure doors to enable residents in/out if necessary - however, on many days there is no interruption. My belief is that a break that is unpaid means that the staff member can go and what they wish and cover should be provide. Otherwise they should be paid for this time regardless of how many times they are interrupted, and the full 30 mins should be taken if they are interrupted? Seems fair to me??