Handling employee smoke breaks

By Metis HR

05 Oct 2016

Handling employee smoke breaks can sometimes be tricky. A worker has no right to a break specifically for the purpose of smoking, although an employee who works more than six hours per day has the statutory right to a rest break of at least 20 minutes away from their workstation under the Working Time Regulations 1998.

By Metis HR.

So an employee may use their statutory rest break to smoke outside the workplace, subject to any restrictions imposed by you and the company on smoking outside workplace buildings.

All enclosed workplaces are required by legislation to be smoke free. As an employer you must also display ‘no smoking’ signs in all workplaces and vehicles - no smoking signs in Wales must be in both Welsh and English. If signs are not displayed a business could be fined up to £1,000. Make sure people don’t smoke in enclosed work premises or shared vehicles. Staff smoking rooms aren’t allowed, smokers must go outside.

You cannot prevent a member of staff from taking their statutory rest break. If a worker takes any breaks in addition to their statutory rest break or any contractual break, you may treat this as misconduct. In practice, most statutory rest breaks are taken in the form of a lunch hour.

The Working Time Regulations Act does not make a distinction between smokers and non-smokers taking rest breaks, employers often formally or informally allow workers to take smoking breaks in addition to statutory rest breaks or lunch hours. This practice can lead to resentment from non-smoking staff, who may perceive that their smoking colleagues benefit from additional breaks.

If a non-smoking employee makes a complaint about getting fewer breaks than a colleague who smokes you must ensure that you deal with this appropriately via the Company’s Grievance Procedure. It may be worth prohibiting all breaks other than statutory rest breaks or lunch hours, to ensure that smoking and non-smoking staff have an equal number of breaks.

We recommend that you adopt a policy on smoking in the workplace and amend your discipline policy to cover smoking breaks and smoking in a non-designated area. The National Institute of Clinical Excellence recommends including in smoking policies a section on smoking cessation, providing information on local stop smoking support services.

The legislation on smoking at work does not extend to care workers working in people’s own hones as they are not public places. If you are an employer in the care sector, we recommend that any smoking policy that you develop specifically addresses this aspect of the legislation and your attitude on whether employees may smoke with clients when they smoke or whether you would expect a non-smoking member of staff with chest ailments go to a client’s home who smokes, even if they complain? It is important to consider what, if anything, would be said to clients in receipt of care. For example, would you consider asking the client not to smoke whilst the carer is present?

With the popularity of e-cigarettes, you may wish to make a policy statement on the use of e-cigarettes, or vaping, in the workplace. If this is your choice, you should ensure that your smoking and discipline policies expressly cover e-cigarettes. As there is a fine of up to £2500 in England enforced by Environmental Health Officers and £200 in Scotland, we recommend that you make your staff aware in their handbooks that any fines charged will be passed onto the employee and taken from their salary direct. It is good practice to ensure your smoking and non-smoking policies stretch to your business and shared work vehicles; this includes company cars, taxis’, buses, vans, goods vehicles used by more than one driver, company cars used by more than one employee. A worker can only smoke in a company car only they use and if you agree to it.

Enjoyed this? Read more from Metis HR

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin