No where to sit and eat lunch at work

[NicoleB189]

Are there any rules that apply to providing a seating area to eat at work?

I work in a small, high street office (so my desk on the ground floor of a high traffic street, though not visible from outside), where I am the front line person dealing with the public. We don't get a lot of people through the door, but a few throughout the day. A lot of time I am on my own in the office, so I have no choice but to eat at my desk, as it is inappropriate to close the office to the public while I eat. When there is someone else there, which is rare, I used to be able to go to the kitchen to sit and eat lunch, but the owner of the building has just redesigned things, so that we no longer have an area to sit, just a galley kitchen with no chair or table.

It is really bothering me that I no longer have the option of eating in privacy upstairs, and have no other choice but to eat downstairs where if a member of the public comes in I have to hide the plate and stop eating, deal with them and then continue, as well as answer the phone etc.

Is there an obligation on employers to provide somewhere to sit and eat in the UK? Of course, I could always go out for lunch at a cafe etc, but lets be realistic, it is never going to be as healthy or cost effective as making my own healthy lunch. It is really bothering me, but does not seem to bother the business owner (my boss). I have tried to gently say something like "its really unfair for our landlords to not even leave space for one table and chair, especially for us (our office) as we have no where private to eat." but that has not seemed to work thus far!

Any advice on what to do? Maybe in the current job market, I should grin and bear it?

 

[lovinglife]

I am a little bit confused by your post, you say you can't close the office to eat but then mention you could go to a cafe if you wanted. Anyway back to your problem - if you aren't paid for your lunch break you are by law allowed to leave the premises and your employer can't make you stay at your desk, in this nice weather you could find a park or somewhere nice to eat.


Have a look on the HSE gov website or google eating lunch at work, (sorry don't know how to post a link on my iPad :roll: ) the website says that your employer has to provide a suitable place for you to rest and eat, not sure if that applies only to if a certain number of people are employed but you could always phone them and ask, this can be done anonymously if you feel better about that

 

[mo1905]

There is no obligation to provide seated areas unfortunately.


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[NicoleB189]

In answer to the first question. Because it is a small office, me and the owner, who is on appointments a lot during the day. There are times (very often) when I have no lunch break, as someone has to man the office. I have put up with this because my boss is flexible when it come to doctors appt. though I think the balance is weighing heavily on his side.
What has started to bother me is that the rare times, he is in and i able to take a break, there is no where now to sit and eat. It is either stand and eat upstairs or at the desk furtively hiding the plate if anyone walks in. I agree in this weather you can sit in a park bench but how often is that.
As the other poster said, if there is no obligation then that's it then.
I have just been finding it hard, like yesterday, when I sat at my desk without a break from 9 - 5:30 then when on some work related (unpaid) after hours appointment until 7 (expected) in my job . Sorry if I'm ranting but felt it was a bit much for £12,000, but after reading this forum, some other posters have some pretty dire working conditions, so mine doesn't seem that bad.

 

[ElyDave]

Health and safety law covers this (Workplace Health Safety and Welfare Regulations), and there are circumstances where the employer needs to provide somewhere to eat and rest.

Those circumstances are essentially where there is a risk of contaminating your food if you were to eat in your workplace i.e. with chemicals, oils, general dirt and grime from a factory etc. In the case of office workers, there is no need to provide a separate area by law as it is considered that your desk is clean enough.

 

[fractureman]

Law states if you work 6 hours you have to have a 20 min break so just don't work 9-5:30 with no break


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[Yorksman]

It's one of those vague areas I am afraid, couched in terms such as 'where practicable'. In short, the employer has to provide adequate facilities to ensure the welfare of the employee, toilets, drinking water, washing facilities and a place to eat. The 'where practicable' element however is a wide enough loophole for obstinate employers to use if they are that way inclined. Still, it's hard to imagine that some place cannot be found. When I was a student one employer, a hairdresser, used the towel drying room as a makeshift canteen and another, a building supplies merchant, used the plasterboard warehouse as one. We were only eating sandwiches bought from the local shop but the employer recognised that we did need somewhere to eat them and a place to brew a cuppa.

Or maybe they had experience of the workforce all going to the pub for lunch. They soon get canteen facilities after that.

Have a look at this government leaflet of the guidelines for employers:

http://www.hse.gov.uk/pubns/indg293.pdf

 

[martwolves]

By my understanding, if you can't leave your desk, how do you go to the toilet if the boss ain't there? This is nonsense.

 

[Andy12345]

hi, im really not trying to be mean here, but if your unhappy, could you not leave the job and get one in a place that has a lunch room? if the job is a good one and you don't want to leave it or it is hard to find a similar job then maybe eating your lunch at your desk is something most people would accept as not such a bad thing, if someone is unhappy for whatever reason they know where the door is, I don't understand contacting the HSA at all, the days of unions dictating ridiculous conditions is gone (praise be) in this economic environment I think we should all be a little more willing to do whats best for the business that's trying to survive and keep people employed, I know im digressing here but all I hear in my line of work (construction) is how the eastern Europeans are stealing our work, well im pretty sure there are a few eastern Europeans out there would be happy to eat there lunch sitting at "your" desk, in this day and age maybe we should be grateful to have a job.

wow I am grumpy today sorry

 

[mo1905]

Unfortunately, I tend to agree with Andy. Why do you think you should be afforded seated lunch areas by your employer ? I guess a lot of people take this for granted but it is a luxury, not a right.


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[candiloo]

You are entitled to breaks and as such they should be taken away from work - ie away from the phone and counter so that you geta break. If your boss has now changed things so that you have nowhere to sit and put you in this position, I would go out to break and if you are on your own, that is his issue as he has left you in that situation. As a diabetic, you must eat, so if he gives you a hard time quote the equalities act at him. In the meantime, remember make sure you eat and get a break away even if you only walk around the area outside. I keep a copy of the equalities stuff with me and I have to say, my lot have learnt what happens if I don't get to eat, and I have gently reminded them of my rights by quoting pieces from the Act. I am a Union member, Chair of the local branch, so my pushing for myself, also affects the others who have diabetes, who don't know their rights, because I make sure they know, and give them a copy. Not to be difficult, but employers will try it on if they can get away with it, and the information is very useful indeed.

 

[NicoleB189]

Just thought I would clarify as I have not checked this thread in a while.

I have no problem eating lunch at my desk, if it were a private (not public area). Trying to stay anonymous and describe it as best I can. Members of the public walk off the street to speak to me at my desk where I sometimes need to take/or provide information from them, and talk to them at length. So eating at my desk means, as someone walks through the door, my plate quickly goes under the desk (as it looks very unprofessional to be found eating), and I have to deal with the person until the situation is resolved. That could be in two minutes or 15 minutes, so my lunch might be disturbed a number of times before I can finish it.

This, I personally find a bit stressful. It would be one thing if I had a private area where I could eat quickly for 10 minutes and continue with my job, but having to 'dodge' members of the public between bites, I find not really fair.

Yes, I am in the process of retraining for another job, but in the meantime, I do have to put up with it. I personally find it annoying and feel a bit taken advantage of.

 

[whompa73]

I think you may be looking at it slightly wrong it may come under invassion of privacy . As you are in full view of the public . Just a thought

 

[Andy12345]

You are entitled to breaks and as such they should be taken away from work - ie away from the phone and counter so that you geta break. If your boss has now changed things so that you have nowhere to sit and put you in this position, I would go out to break and if you are on your own, that is his issue as he has left you in that situation. As a diabetic, you must eat, so if he gives you a hard time quote the equalities act at him. In the meantime, remember make sure you eat and get a break away even if you only walk around the area outside. I keep a copy of the equalities stuff with me and I have to say, my lot have learnt what happens if I don't get to eat, and I have gently reminded them of my rights by quoting pieces from the Act. I am a Union member, Chair of the local branch, so my pushing for myself, also affects the others who have diabetes, who don't know their rights, because I make sure they know, and give them a copy. Not to be difficult, but employers will try it on if they can get away with it, and the information is very useful indeed.

for real? you carry a copy with you? lol

would you mention this at an interview?

ok i have deleted a long reply as it will be deleted, all i will say is "god help us" ive seen a terrific old company (150 years) destroyed by this attitude


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[Yorksman]

I keep a copy of the equalities stuff with me and I have to say, my lot have learnt what happens if I don't get to eat, and I have gently reminded them of my rights by quoting pieces from the Act. I am a Union member, Chair of the local branch, so my pushing for myself, also affects the others who have diabetes, who don't know their rights, because I make sure they know, and give them a copy.

You can quote a much as you want, but it doesn't make it true.

Your employer may accede to your demands just for the sake of a quiet life but your advice for others to follow suit is reckless. They may face an employer who is just as determined to make the person that you advise above stand up in Court and prove that the long term effect of not having a quiet corner to sit and eat a snack has a substantial and long term effect on their health. These so called 'deduced effects' are notoriously difficult to prove because whilst they may affect an individual, they don't affect all people and consequently anyone claiming that they would be affected are going to have to work very hard to prove their case. Furthermore, the employer is not liable unless he could have reasonably forseen the consequences. There are many who do not suffer substantial and long term effects and he will rely on their testimony. The only practical way of showing that he should have known is to show that it happened in his place of work before and that he was aware of it. Simply claiming it doesn't cut it.