For those in the office, the topic of smoke or vape breaks can cause quite the stir. So how many smoke or vape breaks are employees legally allowed, and can workers be disciplined for taking too many?
How many smoke breaks am I allowed at work?
All workers are entitled to have a 20-minute break when working more than six hours a day. Unfortunately for smokers or vape users, there is no automatic right to any additional breaks, so unless the work policy or contract allows additional time to have these breaks, then employees must only smoke or vape during their allocated downtime.
Whilst smoking is strictly prohibited in enclosed workplaces under the UK smoking ban, vaping isn’t currently covered by the same legislation. Employers still have the right to ban vaping in the workplace through their own policies. However, the Government has said it plans to make most indoor workplaces already covered by smoke-free legislation vape-free, so in time it is likely that vaping will be banned in most workplaces.
Can I be sacked for having too many smoke breaks?
This will depend on your employer’s policies and the circumstances involved. If your workplace does not permit additional smoke or vape breaks and you continue to take them, you could potentially face disciplinary action, particularly if this breaches company rules or affects your work. However, employers should follow a fair disciplinary process and consider the individual circumstances before taking any action.
Do the rules around smoke breaks change when working from home?
The rules around smoke breaks generally remain the same whether you work from home or in the office. Employees working remotely should still follow their employer’s policies to take smoke breaks during their allocated break time unless agreed otherwise.
Can your employer ban vaping in company vehicles?
Yes, employers can ban vaping in company vehicles in the UK. Despite vaping not yet being covered by the same smoke-free legislation as smoking, employers can introduce their own policies restricting its use in work vehicles to maintain a comfortable environment for the whole team.
What are my alternatives?
For those who find it difficult to go through the working day with only their contractual breaks, nicotine pouches, also commonly known as snus, can be a good alternative to cigarettes and vapes. They are discreet to use and do not produce smoke or vapour, which can make them more suitable for use in workplaces where smoking and vaping are not permitted. In a Haypp Group customer survey, 79% of nicotine pouch users said they use pouches at work.
Source: https://hrnews.co.uk/how-many-smoke-breaks-are-you-allowed-hr-expert-reveals-your-legal-rights/
Posted: 14