Q: What are an employee’s rights on smoking within the work day? i.e. Are they entitled to specified breaks?
Jan 29 2007
Answered by: Peter Done Ask a question
Smokers have no rights to a break under statute in i.e. the law of the land. They may well have rights given to them by you in your contractual terms – i.e. you have allowed them breaks morning and afternoon for that purpose. Therefore if you propose to change the contract you will need to negotiate with your employees.
Smoking in enclosed premises, where people work, has been banned in Scotland since Spring 2006, in Jersey since Jan 07; bans are due to come into force in Wales and Northern Ireland on 2 April 2007 and in England on 1st July 2007.
If non-smokers do not benefit from such breaks then it would be implicit that they actually work a longer day than do smokers – not usually conducive to good industrial relations. For smokers to continue smoking after the ban(s) will mean they will have to leave the building which may not be practicable. Therefore consider the problem and your preferred solution and talk to your staff now, not when the date is upon you.
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