Your Rights regarding smoking in the workplace

Site updated on February 17, 2020

There is no right to smoke in the workplace where this is an enclosed place, this is now against the law. This covers vehicles where more than one person is likely to drive it.

It is up to your Employer to decide how they deal with the issues surrounding  e-cigarettes in the workplace.

There is no duty on the Employer to provide a “smoking area” or similar – but a reasonable Employer would consider options for the smokers, perhaps a shelter away from the entrance area if this is feasible.

There is no legal right to any smoking related breaks; so check your employment contract.

The issue of smoking breaks can be controversial. Some Employers require smokers to make the time up if they go for smoke breaks during working hours. Non smokers sometimes complain that smokers are working fewer hours and this has to be considered if raised.

There is no entitlement to be paid for smoking breaks unless this is in your contract or has become implied through “custom and practice” over a period of time.

© Your Job Rights 2016

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