Employers can often be confused as to whether or not they need to allow their staff smoking breaks. Well, Wednesday the 13th March 2019 is National No Smoking Day, so we’ve put together the following guidance. Hopefully this article will clear this up for you.
What Are the Rules Regarding Smoking in the Workplace?
Since 2007, it has been illegal to smoke in enclosed public places and workplaces in England and Wales. This also includes company vehicles.
There is no statutory right to “a smoking break”. The only statutory right an employee has is a 20-minute break if they work six hours or more. This is an unpaid break, unless their contract of employment states otherwise.
Employers do not have to offer extra smoking breaks to staff or even have designated smoking areas in the workplace. However, it is advisable that employers have a smoke break policy in place so that there is no confusion as to what their company’s position is.
Whilst electronic cigarettes do not fall within the smoking ban, it is advisable that the smoke break policy specifically makes reference to these and whether or not they allowed within the workplace. Most businesses do not allow the smoking of these within the workplace and are treated in the same way as smoking cigarettes.
Why Are Smoking Breaks Not a Legal Requirement?
Allowing ‘smokers’ to have breaks during the working day can anger ‘non-smokers’ who feel that their smoker colleagues have additional breaks. As a result, some businesses allow staff to have a shorter lunch break, so they can have two smoking breaks. So, for example, rather than a one-hour lunch break, they take a 30-minute break for lunch with two 15-minute smoking breaks. The difficulty with this is managing the timings to ensure that the ‘smokers’ do not take longer than they are allowed.
Many employers do not allow smoking breaks at all outside of the normal lunch break. This is for each individual business to decide but, whatever the policy is, this must be made clear to all staff. If an employee does not comply with the smoking policy, then you can look at disciplining them for this breach.
For more information on the employee rights you might not know you have, click here.
Howells Can Help Write Your Policy on Smoking in the Workplace
If you need any guidance on writing a smoking policy or dealing with a member of staff who has breached existing rules, please get in touch with the Howells employment team who will be more than happy to help and advise you.
