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pooky
Is "lunch break" private time?
Is "lunch break" private time as you are not paid during that? Can your employer ask you any question about it in an harassement case? Can they forbid you to go on lunch with somebody? What about if you take your lunch within the work place? is it still entirely private as the company does not pay you?is HR allowed to question you about wot u did during your lunch break in an investigatory meeting about you not returning to work then? would not it be intrusion in private life?
Additional Details
basically i am being wrongly accused of harassemnt to a friend (who says there is no harassement) by the head of HR. She uses it to forbid us to go on lunch together. Follwowing me not returning from lunch she is also making investigation about the reasons why. But she mainly investigated wot hapnned during my lunch. I gave a statement saying I had family problems but she will not belive me. Can she intrude further? Also she asked questions about several arguments I had with this friend during lunch time and I am nt sure all that is legal.
                     
 




DONALD J
Rating
of course it is private time
we get to do anytin we want to


Jeffrey F
You are not on the clock and therefore on your OWN time. It is none of anyone's business what you did on lunch, where you WENT on lunch nor WHO you go to lunch with.....regardless of where you take your lunch (on campus or off)

The caveat to the above, if you consumed alcoholic beverages on your lunch, you may be in violation of your company's rules.

If your employer is involving you in lunch meetings, they should provide food and drink. If you are being asked work questions by superiors, your employer needs to allow you the full lunch time as any involvement of work during what should be your lunch is NOT LUNCH and they may be violation of labor laws.


charlie
I think lunch is me time. I don't get paid for the hour so therefore they don't own me during that time.


Pleasant Peter Perkins
Rating
Technically, if you are not being paid, your employer has no access to you during that period.

However, it may be that actions or behaviour during that period might affect yours or others capabilities to perform functions safely and legally. In those circumstances, an employer might be reasonably expected to investigate an employees actions.

To put it bluntly, if you get drunk during lunch, it is reasonable for a employer to investigate because of the consequences for the safe conduct of their business after lunch.


dont know much
Lets put it like this when you finish work at the end of the day and the employer stops paying you would you expect them to tell you what you can do, who you can see and question you about what you did .. of course not so why should they be able to do this during your unpaid Lunch break ? it simply is not on and would not be legal ! If you did something Like drink alcohol during your lunch which affected your work after lunch then that is understandably different.
You don't get paid for lunch therefore they have no right to question you about your own personal time or dictate with whom you socialise with during lunch.
If you are being harassed by HR make a log of all that is said
I would even resort to recording any conversations ( ive got an mp3 recorder which I have used in the past) and make sure I kept calm and did not swear or give them abuse or any legal excuse to sack you.
This evidence that you gather may stand you in good stead if you are unfairly dismissed. and may lead to a good financial settlement but more importantly a complete humiliation in an employment court for your employer thereby protecting future employees.

Good luck and good question !


Susan S
A "lunch break" is no private time, here in germany !
It's a break to get "new power" for your work ! You can become "fired", if you do something else as the special break !
:- )


pablo escobar
Im not really sure what you are getting at.
It is your time away from work to eat have a break etc.
You are allowed to leave site, place of work(obviously not an oil rig or ship etc.
And have a break.
I believe it is an intrusion if you are interupted, questioned in the line of work while you are on your break.
I don't believe they can forbid you to go to lunch with somebody etc.
If you are on company property and you are an employee they could question you, but you could answer i was on my break and refuse to answer as it is private time.
You have to give/word the question better.


timothy a
Depends what sort of job you have. If you are working in a project based in environment than No. I would say if you get paid by the hour: Yes. If you are paid on a salary, then No


HugglyBubbly-IRL
Rating
My understanding of 'lunch break' is that it is your private time... I can understand them wanting to know what you do if you are on their premises at the time... or if they suspect you be doing something illegal... but if you leave the premises (clocking out if necessary) then surely that is your own business what you do.

If they are questioning you about a harassment case whether it's on their time or yours - i'm no expert, but isn't that against the rules as such???


alan v
Rating
If I were you I would talk to your union rep, if you are not a member then join. They cannot question you about what you do in your own time it is an invasion of your privacy, lunch time is not paid time so they cannot dictate to you what you can and can't do in that time


sexyma
I would say that if you leave the premises they cannot dictate who you lunch with and where you go as its your free time. But if you stay on the premises they have a sort of right to ask you about it as they are still responsible for you. As for asking you what you do in that time during a tribunal it would depend if it was relevant to the case....its real hard to be conclusive as we dont know the whole story. Try ACAS website.


CARAMAC
Ultimately, you are entitled to at the most one hour per day, to cover lunch, with break times, mornings and afternoons, in accordance with the rules of the firm.(each industry varies)

During these breaks, rules still apply, in that your conduct may still be in question, (ie if you go to the pub, and return, or not, within the allocated time after a consumption of alcohol ), you would be asked to leave and possibly disciplined.

Your employers would probably organise the cover (rota) of your work, so therefore it would be again a ruling as to who takes first lunch-break etc.

You need to see the 'condition/rules' of your employment, and this will be available, either displayed at your work-place, or at your H.R office.

If you feel there is a grievance, you could and should consult your union, if there is one.

Caramac x


Mr Brightside
Rating
P!ss off I`m on my lunch break.


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