Loopy loo Laws

Posted: Thu Jun 12, 2003 3:40 pm

Many of you read the article on Loopy Loo Laws, well I'm about to inform you all of a recent case which has significant impact on our industry.
I'm waiting to hear back from the company and security officer concerned before I publish.

Honorary Member Joined: May 09, 2003 Posts: 45

The case you refer to is that of Gavin Ruddick and his case confirms that Security guards have a legal right to toilet breaks. This was confirmed at an employment tribunal in Newcastle. Additionally the tribunal ruled that the security industry is not exempt from the Working Time Regulations.

There was no official policy for rest or comfort breaks for Mr Ruddick and he sought remedy in legal action. Mr Ruddick alleged through a statement issued via his solicitors that he had been left in no doubt from his employers that he would be considered at fault if he was not at his post permanently throughout his shift.

The tribunal ruled that, although security companies are not required to provide employees with 20 minute rest breaks every six hours they had to 'do the next best thing'.

Despite my position on this forum I still believe educating employers and working with them to reduce employee risk and improving working conditions is the better way forward for any industry.

Next time I am in the Tribunal records office I will pick up a copy of the case judgment but it has already been reported in legal information sources. As part of our services we offer insurance but the insurers will only pay our or indeed insure providing they are sure the employer has all policies in accordance with current law. This case is good news for the security industry and bad news for inhuman employers.

The Human Rights Act is an issue here also as well as the Working Time Directive.

Posted: Sat Jun 14, 2003 6:46 am

Thanks LimOne, nicely put.
I was hoping to hear back from Reliance Security but feel I might be in for a wait.

This ruling has got be good news for everyone and hopefully employers will take a fresh look at their policies and procedures which, they continue to adhere to, simply because "it is common practise throughout the industry".
Just because companies have been doing things the same way for decades, does not make it 'right' or 'just'.

It is a shame that cases like this even get to the legal stage, as it does nothing to help change either the general publics view of the industry or those of the workforce.

I am looking forward to the DTI's update of the WTR which I beleive will be sometime around October, in particular whether the UK will be able to retain the opt-out for the average 48 hour week.

Honorary Member Joined: May 09, 2003 Posts: 45

Well it is to be hoped they do better with the WTR than other areas of law! You are right about the procedures and policies as claims like this which are borne out of company profits just make the industry unstable financially after a while and can be easily avoided. A poor employment law record causes issues in other insurance markets for companies too as well as all the other areas such as high turnover of staff, low motivation and morale etc.