Skip to content
Small Business UK

Small Business UK

Advice and Ideas for UK Small Businesses and SMEs

  • My Account
  • Login
  • facebook
  • x
  • linkedin
  • RSS
  • Start
    • Start a New Business
    • Startup Funding and Grants
    • Sole Trader
    • Banking
    • Getting Online
  • Run
    • Customer Engagement
    • Employing & Managing Staff
    • Insurance
    • Marketing
    • Payments
    • Accounting
    • Tax
  • Grow
    • Funding Your Business
    • Grants
    • Alternative Finance
    • Import & Export
    • Buying & Selling a Company
  • News
  • Get Small Business Funding
  • Memberships
    • Business Essentials
    • Pro
    • Earn with us
  • More
    • Popular Topics
      • Advice
      • Business Loans
      • Business Management
      • Crowdfunding
      • Funding
      • Ideas & Planning
      • International Business
      • Franchising
      • Legal Advice
      • Office & Homeworking
      • Payroll
      • Productivity
      • Setting up a Company
      • Success Stories
      • Technology
      • Work Life Balance
    • Guides
      • Whitepapers & Downloads
      • Partner Content
      • Business car leasing
      • Small business insurance
    • Business Tools
      • Compare business bank accounts
      • Making Tax Digital
      • Website Checker
    • Partners
      • British Small Business Grants
      • Events
      • Masterclass Series
      • Smart Energy GB
      • The Start-Up Series
    • Multi-Media Content
      • Galleries
      • Podcasts
      • Videos
  • Start
    • Start a New Business
    • Startup Funding and Grants
    • Sole Trader
    • Banking
    • Getting Online
  • Run
    • Customer Engagement
    • Employing & Managing Staff
    • Insurance
    • Marketing
    • Payments
    • Accounting
    • Tax
  • Grow
    • Funding Your Business
    • Grants
    • Alternative Finance
    • Import & Export
    • Buying & Selling a Company
  • News
  • Get Small Business Funding
  • Memberships
    • Business Essentials
    • Pro
    • Earn with us
  • More
    • Popular Topics
      • Advice
      • Business Loans
      • Business Management
      • Crowdfunding
      • Funding
      • Ideas & Planning
      • International Business
      • Franchising
      • Legal Advice
      • Office & Homeworking
      • Payroll
      • Productivity
      • Setting up a Company
      • Success Stories
      • Technology
      • Work Life Balance
    • Guides
      • Whitepapers & Downloads
      • Partner Content
      • Business car leasing
      • Small business insurance
    • Business Tools
      • Compare business bank accounts
      • Making Tax Digital
      • Website Checker
    • Partners
      • British Small Business Grants
      • Events
      • Masterclass Series
      • Smart Energy GB
      • The Start-Up Series
    • Multi-Media Content
      • Galleries
      • Podcasts
      • Videos
  • My Account
  • Login
Home » Running a Business » Legal advice » Smoking breaks

Smoking breaks

Avatar photoby Peter Done4 April 2009

I am a care worker and do 24-hour shifts with any breaks spent with the clients. My employer has imposed a no-smoking policy and employees are not allowed to smoke on the premises, although the clients are allowed. What are my rights?

You have very limited rights in these circumstances. Your employer is not obligated to allow employees to have any smoking breaks at all, and is legally required to prevent employees from smoking in the workplace. As such, your employer is acting in accordance with legal requirements to prevent employees from smoking on the work premises.

It is not clear from your question if you are the only employee on shift. Generally, employees working a shift of six hours or more are entitled to a 20-minute unpaid break during their shift. The entitlement is to one break only and you can normally take this away from your workstation. However, there is an exemption to this where there is a requirement for a permanent presence, and care work will normally fall under these exemptions.

If you work with a colleague then it should be possible for you to take a break away from site because there will still be someone present who can tackle any care issues. If you are the only worker then your employer is entitled to tell you that you cannot leave the site.

Remember that the right is to one 20-minute unpaid break across the entirety of your shift, which will include any lunch break. If there is the requirement for a continuous presence then your employer can insist that you stay on site and cannot smoke.

Tagged: Smoking
Avatar photo

Peter Done

Peter is the founder and group managing director of Peninsula Business Services, established in 1983. More by Peter Done

Related Topics

Smoking

Related Stories

Legal advice

A guide to trade marks and the benefits of registration

SmallBusiness.co.uk and intellectual property specialist NOVAGRAAF provide this guide to trade marks and the benefits of registering them.

Legal advice

The new Procurement Act and how it affects SMEs

The overdue Procurement Act 2023 is finally in force. Shaun Toner explains how the new frameworks are advantageous to small businesses

Legal advice

Need to know: Age discrimination laws

Getting to grips with the minefield that is age discrimination is a perennial problem for small sized businesses, but owners ignore these issues at their peril.

Legal advice

How to get a sponsor licence in the UK

Baya Immigration lay out what a sponsor licence is, which businesses need it and how you go about applying for one.

Helping you grow your business is our number one priority, if you would like to take your business to the next step just sign up!

sign up now

Related Stories

Legal advice

A guide to trade marks and the benefits of registration

SmallBusiness.co.uk and intellectual property specialist NOVAGRAAF provide this guide to trade marks and the benefits of registering them.

Legal advice

The new Procurement Act and how it affects SMEs

The overdue Procurement Act 2023 is finally in force. Shaun Toner explains how the new frameworks are advantageous to small businesses

Legal advice

Need to know: Age discrimination laws

Getting to grips with the minefield that is age discrimination is a perennial problem for small sized businesses, but owners ignore these issues at their peril.

Legal advice

Business Companion launch invaluable free guide to Contract Law Basics

This new guide from Business Companion will help navigate contract law and secure the future of your small firm

SmallBusiness.co.uk provides advice and useful guides to UK sole traders and small businesses. Our goal is to help owner managers and entrepreneurs to start, run, grow and succeed in business, helping turn your business idea into a profitable business.

Further Information

  • Contact Details
  • Privacy Policy
  • Terms & Conditions
  • Blog
  • About this Website
  • Media Packs
  • Contributor guidelines
  • Small Business Whitepapers

Manage my preferences

  • Edit preferences

Contact us

  • +44(0) 207 846 1378

Address

  • Stubben Edge
  • 77 Cornhill
  • London
  • EC3V 3QQ