Union wins key case on breaks for security guards

All security guards are entitled to rest breaks and the security industry is not exempt from the Working Time Regulations, an employment tribunal ruled this month.

The tribunal said that although the security industry is not subject to the law that requires that workers have a 20-minute rest break every six hours, it must do "the next best thing", such as allow a number of shorter rest periods or one longer period.

Gavin Ruddick, the security guard who brought the case, supported by the GMB general union, complained to his managers at security firm Reliance in September 2001 that there was no official policy in place to allow him rest breaks to go to the toilet.

His employer's response was that he would be blamed for any loss if property was damaged while he was away from his post.

Ruddick was later moved from his city centre office to working in a car park portacabin, for which he received less pay.

The tribunal concluded that the company impaired Ruddick's convenience and his quality of life had been severely impaired. It also ruled that he had been moved in an attempt to "shut him up".

GMB regional organiser Joan Hoggins said "This is a great result for our members and this will now send a clear message that the security industry does not fall outside the Working Time Directive and they must treat their workers fairly or pay the price."