Legally can your manager stop you drinking water???

Question

If we work over 4 hours we are entitled to a 10 minute paid tea break, however if we work under 4 hours we are not entitled to any break (we can use the loo, but nothing else) can our boss legally stop us from having a drink of water if we need one? in that 4 hours i quite often will need to have a sip of water possibly 2 times at the most at no more than 30 seconds a time, so is this right?
I know we could sneak a drink after a loo break but why should we have to lie about being thirsty?
Please only informative answers and also web sources if possible as i need to back myself up - i'm sure they cant stop us drinking???

I work in a clothes shop, so am unable to take water to the counter for obvious reasons, however we have a small room to the back of the shop in which we all keep drinks - i as i stated only take maybe 2 drinks maximum in 4 hours if i need to but i think some of the others are taking too long etc, i would get annoyed if it was interfering with work too but some of them are spoiling it for the rest of us, and it has been mentioned that drinking breaks may be stopped.
Rather not say the company name.

I am located in the UK

Answer 1

They cannot deny your basic human rights & one of those rights is to drink when thirsty. Many places allow smokers to leave the workplace for cigarette breaks so surely leaving for a moment for a drink of water should be allowed also.
Complain to your HR department.

Answer 2

Legally, the manager can stop you drinking water at the till (for H&S reasons) and stop you leaving your station to drink water (because it extends your limited break entitlements under the contract).

But if you have particular health problems that affect work you should contact your employer, who may arrange or informally agree for you to leave your work station as and when for sips of water only- not to chat with people on breaks etc. etc. which is what they are often used for.

Obviously, it is vital you have water if there are emergency health problems.

You are clearly aware of your contract, and also about minimum hours without a break. The break is supposed to cover time for drinking, and you should have sips of water before you go back on your shift.

Obviously you cant bring cups of water to an electronic till for H&S reasons inter alia, but in some idiosyncratic workplaces (such as my Safeway store) we workers often did and hid them away in the cupboards under the till from managers and from customers. It was just generally accepted by the older workers - it helped them, and was also good practice, so us younger workers did the same. Its especially important given you're talking all the time.

But in M&S I never had the opportunity to do this- I dont think I'd would have got away with being seen on the clothes floor going up to the till with a cup of water.

You are allowed toilet breaks, so you can drink a lot of fluids during the breaks. I know often this is not practical and workers in other places (e.g. admin) are allowed to stop off and buy drinks and so on.

Answer 3

I'm sure your boss would not consider it "sneaking" to take a drink of water on returning from the loo. I imagine the objection is taking excessive breaks which disrupt your productivity. It takes time to get back in the "mode" after returning.
So take 1 loo/drink moment midway between your tea breaks, as well as during that break.

Answer 4

Drinking water may be considered a break, which would be governed by state law (10 minute break after four hours). Personally, I don't think this is a huge issue. As a former supermarket assistant manager, I had no problem with employees taking a brief drink of water as long as it did not interfere with their job.

Answer 5

They can't stop you from drinking. However, if you're getting up from your desk because you're "thirsty" every 15 minutes, I'd say they were entitled to take you to task for it.

Can't you just get a big glass full and take it back to your desk at the start of your shift? That way, you get your 2 sips in 4 hours, you don't leave your desk, everyone's happy.

Answer 6

Oh my goodness. Where in the world do you work?

Denying someone water?! Of course, it's illegal in a BIG way.

Contact the Citizens Advice Bureau.

Getting a drink of water isn't a break, it is a natural requirement for bodily function.

Could you write where you work? I am very curious, now.

Answer 7

do you mean a drink of water from the tap then he/ she cannot refuse unless someone was leaving a 'line' to go off and get constant drinks that would create a nuisance , if it was bottled water that was part of his/ her stock then that might be another problem ,you need to explain the siutuation in more detail but overall you cannot deny a person a drink of water .

Answer 8

What insane sweatshop are you working in? Certainly a business is not required to give you a break during a half-day shift but no one should say no to a quick drink of water. However, if he does he is a jerk but that's about it.

Answer 9

under health and safety legislation your employer has obligation to provide drinking water it stand to reason they cannot obstruct access to drinking water tell them it is for health reason or something like that

Answer 10

breaks of ANY KIND (except for meals) are controlled by state law. So, what do you think is missing in your post?

EDITED TO ADDRESS MSI_CORD:

ONLY in california and a few other states is your advice releveant. So we need to wait until the poster deems it necessary to tell us in what state this is occuring.