Smoking breaks at work – what organisations need to know

Since the UK-wide national ban in 2007, it’s reported that people have significantly reduced smoking habits. This has become evident in the government’s latest Smoking Profile, showing a downward trend since the ban was placed.

Arguably, the ban has led to a popular rise in e-cigarettes and vapes – meaning organisations now need to deal with implied smoking guidelines.

When it comes to work and smoke breaks, there is a disparity that can be created. A debate on whether smokers are allowed additional breaks emerges. And how it will directly affect workplace production and morale.

Employers require an objective ruling when it comes to smoke breaks. Or else they could risk facing discrimination charges and damages to the business.

Read about the UK law on smoking breaks at work; managing rights for non-smoking individuals; and whether you can ban smoke breaks altogether.

What is a smoke break?

A smoke breaks/cigarette breaks during work is when an individual decides to use their rest break to smoke.

These breaks are taken during their legal or contractual rest periods. But they can also be additional breaks provided through work policies.

Some companies have a blanket-ban on smoking in and around the workplace. Whilst others have a designated smoking post or shelter people can use.

What counts as smoking?

Smoking is defined as, possessing a lit substance that can be inhaled or exhaled.

There are many materials and devices which fall under the umbrella term for smoking. Some devices can include:

• Cigarettes

• Cigars

• Pipes (including water pipes)

• Electronic cigarettes (including vapes)

The substances that are most commonly smoked are tobacco, drugs, and chemical materials.

Why do smoking breaks matter to some individuals?

We are certainly not saying the act of smoking is positive to someone's overall health. There are many reasons however, why smoking breaks are placed in high importance for some individuals, particularly for psychological, social and practical reasons.

People who consume nicotine (a highly addictive substance), are susceptible to withdrawal when they go without for a long period of time. This can lead an individual to experience withdrawal symptoms including irritability and anxiety ,which certainly won't help someone work at their best.

A smoke break for nicotine users, can offer a short window to relieve the withdrawal symptoms helping them to feel calmer and more focused on their work.

Some people see a smoke break as a space to offer a pause in their workday, allowing them the opportunity to step outside. Being outside even for a couple of minutes can reduce the feelings of stress and help your people to mentally reset. This applies to smokers and non-smokers alike.

Lastly, smoking breaks can offer a small window of socialising between individuals. Smoking areas can often become spaces for individuals to chat with their colleagues and also build those working relationships. It allows individualsto feel smoking breaks are more rewarding than a standard break because they have the space to socialise rather than take a standard break alone.

Are organisations supposed to allow smoking breaks?

It is completely up to the organisation to implement additional smoking breaks.

Individuals should ideally receive the same breaks at work – unless contracts state otherwise. This includes tea breaks, lunch breaks, and smoking breaks.

People are entitled to a rest break depending on their daily work hours. For every 6 hours, they should receive a minimum 20-minute break.

Although additional smoke breaks are permissible, they can introduce unintentional workplace inequality. When some individuals receive more time away from their duties than others, it may undermine team cohesion, create frustration, and negatively influence productivity.

UK laws on smoking breaks at work

There is no official statutory right on smoking breaks at work in UK law. Whilst there’s no legal ruling, working individuals are still legally permitted to one ‘rest break’ – to do whatever they what, within reason.

The smoking ban regulations were included under the Health Act (2006). The act banned any kind of smoking in enclosed or partially enclosed places. The ban then extended to public places, transport, and workplaces.

Can you legally ban smoking breaks at work?

Organisations can ban smoke breaks at work, but they must be cautious before doing so.

When it comes to staff rights and entitlements, you need to create a balance between those who smoke and those who don’t.

On one hand, employers are legally obliged to protect the health and safety of their staff. Which means, they must encourage and grow a non-smoking or smoke-free workplace and eliminate any health risks.

How to handle smoke breaks in the workplace

It is entirely your decision on allowing additional smoke breaks. Break entitlement rules must be added to employment contracts and smoking breaks at work policies.

UK laws and regulations on smoking must still be followed around the workplace. So, set clear guidelines on where they can smoke and how many smoke breaks are allowed at work.

You could implement additional rest breaks for non-smokers too, so they have the same amount of time for daily breaks. Whatever you decide, apply the best choice for your staff whilst tending to your business production.

If you want to introduce a smoke-free policy, here are factors to consider:

• Outline your smoke break rules (are they taken during rest breaks or specific smoke breaks).

• State where smoking is allowed; i.e., in a designating smoking area.

• List which smoking devices and substances are banned (include e-cigarette and vaping).

• Ban all smoking on work premises and company vehicles.

• Rules on smoking whilst working remotely or at home.

Consequences for breaching the policy

You must clearly demonstrate the consequences for breaching your smoking-free policy to your people.

Both you and your organisation could face substantial penalties for breaching smoking regulations. Outline disciplinary punishments for anyone guilty of smoking on work premises. This can also include a fine of up to £200, by governing authorities.

Organisations themselves could also face fines of up to £2,500 if they mismanage smoking at work. And if they fail to display ‘no-smoking’ signs, this could lead an additional £1,000 on top.

Get expert advice on smoke breaks with HA | Wisdom Wellbeing

As an organisation, it can prove to be complicated to create balance when your people want different things. The most important thing to remember is legal compliance and moral support for them. Whether you are for or against smoking breaks, it’s vital to have thorough reasonable working adjustments – to meet both people and organisational needs. If you have an EAP with us, you may have access to our HR and management support line. Our qualified experts can guide you through a variety of people concerns – including signposting support and information regarding smoking breaks at work.

If an individual in your organisation is struggling with smoking and/or addiction, our in-the-moment support line is open 24/7 for organisations who use our Assistance Programme. If you’d like to find out more about how we can help you and your people, contact us today.