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Are You Actually Allowed Cigarette Breaks At Work?

Are You Actually Allowed Cigarette Breaks At Work?

They're a source of much debate in workplaces across the UK and beyond, but are you entitled to them?

Claire Reid

Claire Reid

Nothing ramps up the passive-aggressiveness in an office quite like a conversation about smoking breaks, and whether people should or shouldn't be taking them.

Smokers will argue that it's their God-given right to stand outside for five minutes a few times a day to burn a swift fag, while non-smokers will say it's unfair that they aren't given the same breaks.

But who's actually right, and how many - if any - smoking breaks are you legally entitled to while slaving away at work?

Credit: Sonia Belviso (Creative Commons)

As far as the law is concerned, it's bad news for smokers. There is no statutory right to a smoking break, so if your boss says no you're out of luck.

However, UK workers are legally entitled to one break of at least 20 minutes for every six-hour period worked. How you use this is up to you. For example, you could use your 'rest break' for lunch, to grab some tea or split it up and take it as cigarette breaks - it's up to you.

Unfortunately, your employer isn't required by law to pay you for this time off, so that part depends on your terms of employment.

Credit: Ricardo Liberato (Creative Commons)

Legally speaking, there are three distinct types of break UK workers are entitled to. They are as follows:

  • 'Rest breaks' - a short break of at least 20 minutes for every six-hour period worked
  • 'Daily rest' - the break between one day's work and another (for most people this is overnight between weekdays)
  • 'Weekly rest' - whole days when you don't come into work (for many people this will be the weekend)

Unless you're 'on call' for your work, the second two types of break are almost never paid.

E-cigarettes are another option for smokers at work. At present these devices aren't covered by smoke-free legislation, so it's up to employers whether or not the want to allow them to be used in the workplace.

For example, if you work on a building site it's probably not going to be much of an issue. Conversely, if you work in a small village café and are vaping directly into a little old lady's face while she tries to order a pot of tea, it probably won't go down to well.

If you are refused a break at work when you believe you are entitled to one, the first thing to do is to speak to your HR department or manager.

You could also take the matter up with your trade union official if you have one.

Source: The Mirror

Featured Image Credit: Fred Dough (Creative Commons)

Topics: UK News, Cigarettes, Smoking