Smoking breaks at work: what the law says
Are smoking breaks a right? Can you require staff to take them unpaid? Here is the clear position — and what it means for the layout and cleanliness of your smoking area.
Rest breaks under the Working Time Regulations
There is no legal right to a smoking break. The relevant law, the Working Time Regulations 1998, makes no distinction between smokers and non-smokers. What it does grant adult workers is one uninterrupted rest break of at least 20 minutes where the working day exceeds six hours, to be taken during that period — not at the start or the end — and away from the workstation.
Rest breaks are unpaid unless the contract of employment provides otherwise. Workers may use that break to smoke, subject to any lawful restrictions on where smoking may take place. Young workers under 18 have a separate entitlement: 30 minutes where they work more than 4.5 hours.
What an employer can and cannot do
An employer cannot prevent a worker from taking the statutory rest break. An employer can refuse any further breaks beyond it, require that smoking happens only during authorised breaks, and set rules on where smoking may take place. There is no obligation to allow smoking during paid working time, and no obligation to provide a designated smoking area at all.
One technical point worth knowing: the 20-minute break must be uninterrupted. Letting someone split it into several short smoking breaks does not strictly comply, and if a dispute arises the worker could argue they never received a compliant rest break.
There is also a fairness dimension. Where smokers are informally allowed extra breaks, non-smoking colleagues may reasonably object. Mishandling such a grievance can escalate into a contractual claim. The safer approach is to treat everyone identically — either no breaks beyond the statutory entitlement, or the same number for all.
Organise the smoking area rather than ban it
Since enclosed workplaces became smokefree, smoking happens outdoors — in a space the organisation has to design. A well-placed, clearly signed and properly equipped area shortens the break, tidies the flow of people and, above all, keeps cigarette butts off the ground. See also your obligations as a site manager.
That is where Easy to Change comes in: assessment, ashtrays, cigarette butt collection and recycling. A smoking area assessment sizes the setup precisely.
Frequently asked questions
Are employees entitled to smoking breaks?
No. There is no statutory right to a smoking break. Adult workers are entitled to one uninterrupted 20-minute rest break when working more than six hours, which they may choose to use for smoking.
Do smoking breaks have to be paid?
Rest breaks are unpaid unless the contract of employment says otherwise. An employer is under no obligation to pay for time spent smoking during working hours.
How do we stop cigarette butts ending up on the ground?
By providing clearly identified smoking areas fitted with ashtrays connected to a collection and recycling service. An assessment helps size the arrangement correctly.
Sources: Working Time Regulations 1998, regulation 12; Health Act 2006 (smokefree enclosed workplaces). General information, not legal advice: check the contract of employment and any applicable policy.
Organise clean smoking areas
Assessment, ashtrays, collection and recycling of cigarette butts. Request your quote.