Borough Council of Wellingborough

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Smokefree England

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.