smoking breaks

[supercarol]

Our firm has just announced that it is going to withdraw the "privilege" of smoking breaks (which amount to fifteen minutes a day) with effect from Monday, in light of the approaching smoking ban. We take our breaks outdoors in any case, so the ban would not have changed anything. Can they do this? Please no comments on the effects of smoking, or how unfair it is on non-smokers, etc., etc., just the legal aspect, please

many thanks

Supercarol

[gina32]

are these breaks as well as your usual tea and dinner breaks or instead of?

[Loosehead]

yes they can, but I'm not convinced of the wisdom of having nicotine junkies climbing the walls, I'd imagine productivity would suffer I think 15mins a day is very optimistic. The smokers here go out 5-6 times a day and take at least 10 minutes to get out smoke and get back in so I would say it's closer to an hour. In fact I once had a contract job where the employer deducted an hour a day from smokers, caused a bit of resentment but I can see their reasoning, why pay someone when they aren't working.

[supercarol]

Calm yourselves, this is not a debate about who leaves their desk for how long and why. We have one five minute cigarette break in the morning and the afternoon, and an hour for lunch. Nothing else. To my knowledge, nobody abuses this. All impartial answers gratefully received.
Supercarol

[Loosehead]

well I did answer the question with my first 3 words!

[gina32]

so you dont get a tea break in the morning or afternoon?

[kempie]

The relevant piece of legislation is that which encompasses the Working Time Regulations 1988...

SECTION 6: REST BREAKS AT WORK

If a worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes.

The break should be taken during the six-hour period and not at the beginning or end of it. The exact time the breaks are taken is up to the employer to decide.

This is subject to exceptions or flexibilities explained further here..
http://www.dti.gov.uk/employment/employment-le gislation/employment-guidance/page28979.html#r est_breaks

[full-throttl]

i think you will find that the ban covers 'smoking in the workplace' which include any property of the business, car park included. i work for royal mail and at the moment the site has designated smoke areas, as from july (unsure) the whole site wil become a designated smoke free zone.


not entirley sure what the legal standing is, but i believe it becomes the employes responsibility to protect the non smokers, so a blanket ban is the way this is being introduced

so, a no smoking site does not need a smoke break, and unless the break is written in your contracts it is classed as gratis and can be withdrawn at anytime

[helpmetoo]

smoking in the open surely should be no problem to a government that makes billions a year off tobacco tax,
i get really p****d off with this nanny state,
dont smoke, wear a seatbelt, spend hours of your life sorting rubbish,
where does it end?
what about fat b******s who eat too much and spend too much time in the toilets at work, perhaps we should grizzle that they take too many breaks!

[supercarol]

Thank you all, on balance then sadly it looks as if we'll have to accept the ban as inevitable, if a little extreme. Hurrah for the work-life balance and all that

Supercarol

[NORMANTHEDOG]

well,after all of that,i can tell you,i am moving out of my office at work,have ordered a small portacabin,and will smoke my cigars in peace,no one will be allowed in at all,just me.

[Reverandfunk]

Helpmetoo- Bravo

Norman - Hope it's a Monte Cristo Number 1

[Oneeyedvic]

Norman - Funnily enough, even if you employed a cleaner to come in and empty the bins once a week, you wouldn't be able to smoke in there!

[NORMANTHEDOG]

you wanna bet,no public place,not on my premises,on neighbours garden,no cleaners,no entry,nothing.just me and my brown cancer sticks.

[Loosehead]

Great Norman, if only all smokers where considerate enough to seal themselves in a plastic box to get the full benefit of their coffin nails there would be no need for the ban! well done!

[Whickerman]

Once again I agree with loosehead....what's happening?

Anyway - you may well have cause for a case, but only if these breaks are written into your contract or union works agreement.

[gina32]

loosehead i like it, well done!