With the laws banning smoking in the workplace, taking cigarette breaks has become quite a controversial issue. While employers are not legally obliged to offer smoke breaks or pay for breaks that are taken, many employers are understanding and allow their employees to take quick smoke breaks throughout their working day.
However, employers must legally provide at least 1 paid rest break of 20 minutes for employers who work for more than six hours. This break is legally required to be uninterrupted and the time can be used in any way that an employee wishes – including smoking cigarettes. Some employers may allow for the rest break to be broken up into 2 – 10-minute breaks or even 4 – 5 minute breaks for smokers who would like to smoke more often. This is, however, bending the rules and the employer may face fines and legal action for not providing uninterrupted rest breaks.
This means that you are not legally allowed to take any smoke breaks as an employee in the UK. It is however up to you whether you would like to use your rest break to smoke a fag or two. You will, however, be required to leave your workplace in order to indulge your habit on your rest break.
Legal Requirements
In the same way that employers are not legally obliged to offer smoke breaks, they are also not required to provide a designated smoking area for employees. Some employers do however provide a smoking area but have to ensure that this area meets the legal requirements for a smoking area which must be outside and not indoors.
Vaping and electronic cigarettes are not covered by smoke-free laws in the UK. However, employers do have the right to ban these in the workplace as part of their employment contract with their employees. If you’re unclear on these regulations you can contact DPH Legal solicitors in Reading who specialise in employment law.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
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