Hi,

We are refurbishing office space. The Principal Contractor, due to COVID, asks workers not to leave the site. Even for a fag or lunch etc. I know that this is encouraged by CLC guidance. 

I think that the PC can do it. However, I was asked to present some evidence/legislation to prove it. 

Please help me, is there any piece of legislation/guidance saying that the employer must allow workers to go outside the building for a break?

The ACoP to the Welfare Regs has the H&S rules about breaks.  They are all about what must be provided in the workplace for breaks and say nothing about leaving forbreaks.

Here it is:https://www.hse.gov.uk/pubns/priced/l24.pdf

So I think they can do it too.

Unless as Acorn says you are paying for teh rest break then good luck with stopping them leaveing. As far as i know the only people with power to do that are the Police if the arrest you, and the courts if they sentance you either as a crinimal or for mental health reasons!

Originally Posted by: Wailes900134

Many environments place restrictions on movement of contractors and visitors for safety and security reasons. These would generally be well thought through and well communicated, so I would agree that it is possible. Application of it as a control (like so many others) will depend on how it is communicated and managed.

Im sorry restriction of movement with a site for safety and security reasons is one thing - i have worked at one location where you were weighed on entry and exit to make sure you were not trying to take out documents, i have worked on sites covered by Official Secrets Act where you could be randomly seached on way out - but restricting someone from Lawfully going to a sandwhich shop on their lunch break is totaly different - good luck with the lawers defending that one.

You may have read this morning that London is actualy encourageing people to use shops, cafes etc to stimulate the economy.

While premises are free to open - people can visit them in their own time - no compy has the right to stop them - and if H&S is given that right then god help us all!

This PC will likely have their Modern Slavery Statement linked on their web site and completely forgot that slavery takes many forms including restricting the liberty of others.

Then on the flip side what does a lunch/break restriction achieve in the grand scheme of things when they go "home" at the end of the shift?

Kate - you are correct i do keep saying its a public health issue not health and safety - which again I think adds weight to my argument - the "guidance" says encourage - so by all means ask - but as Roundtuit also rightly says we are not slaves - If in my luch break, for which i am not paid, i want to pop out to the local sandwhich shop that the government has given permission to open - or my local waterstone's to buy a book ext - then i do not belive we have the right to prevent that from happening.

Once again i will show my age - I am not a number I am a free Man!

Brian (No 6) - No 1 might not necessarily agree.

No 1 and their pals might instead come out with guidance that says that you "should" do this and that, whilst completely ignoring the legal connotations of use of the conditional tense in health and safety law.

I agree if the guidance changes - as a public health situation i will follow it - im from Bradford so currently in local lock down, but im in my office today outside the local lockdown area - in accordance with the guidance, and while i can work with my collegues in our covid secure indoor environment 2m apart - i cannot go sit in their garden in the outside 2m apart - the guidance gets more and more muddled.

We have done evrything we can to encourage our staff eat on site - but I will not ban them from leaving for lunch while the guidanec says "encourage" and many of them may need to come to work via the bus or train - or even leave the office to do thier Job.

...I personnal think someone here is taking Reg 6 and 7 of the Health Protection (Coronavirus Restrictions) Regulationas a bit too litteraly...this covers public gatherings and restrictions on movement...think you may find yourself being a test case...it may be possible to think about applying them in this scenario but not unless you could demonstrate high potental for expsoure...