Do employers have to provide smoking breaks or outside smoking areas?
No on both counts. By law, employers must give employees an uninterrupted rest break of 20 minutes when their daily working time is six hours or more. Employees can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or substantially enclosed area. As an employer you must decide whether or not to permit smoking elsewhere e.g. open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoke free policy.
- Smokefree Legislation
- What workplaces and public places are covered?
- What does 'substantially enclosed' mean?
- What does smokefree legislation mean in practice?
- What are the penalties for non-compliance?
- What about vehicles?
- Are there any exemptions?
- What about entrances to buildings?
- Do employers have to provide smoking breaks or outside smoking areas? (you are here)
- Is there help for staff to stop smoking?
- Is the age of sale of cigarettes or tobacco products changing?
- Examples of Smokefree Premises
- Access to Exemptions