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
  • Making Tax Digital
  • 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
      • Website Checker
    • Partners
      • British Small Business Grants
      • Events
      • Masterclass Series
      • Smart Energy GB
      • The Start-Up Series
    • Multi-Media Content
      • Galleries
      • Podcasts
      • Videos
    • Memberships
      • Business Essentials
      • Pro
      • Earn with us
  • 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
  • Making Tax Digital
  • 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
      • Website Checker
    • Partners
      • British Small Business Grants
      • Events
      • Masterclass Series
      • Smart Energy GB
      • The Start-Up Series
    • Multi-Media Content
      • Galleries
      • Podcasts
      • Videos
    • Memberships
      • Business Essentials
      • Pro
      • Earn with us
  • My Account
  • Login
Home » Running a Business » Legal advice » Smoking breaks at work

Smoking breaks at work

Avatar photoby Small Business Team25 April 2007

I am a care worker and am required to incorporate my breaks into working with the clients, so I'm on duty throughout my shift. However, my smoking colleagues are allowed to go outside for smoke breaks. Am I entitled to additional payment as I do not have the opportunity of client-free time?

The Working Time Regulations say that adult workers (aged 18 and over) who work for 6 hours or more must be given a break of at least 20 minutes and the break must be taken during the six hour period and not at the beginning or the end of it.

It is a requirement that employees be allowed to take their break away from their workstation, although not necessarily off the premises. Rest periods, including the statutory minimum of 20 minutes, can be unpaid as long as this is made clear in the Statement of Terms.

It sounds as though you are on duty without a break. I am assuming you are over 18, and if your shift lasts for 6 hours or more then you are entitled to a 20 minute break before the end of the shift. What you do with it is up to you as long as you don’t breach your employer’s policies and procedures (which may state that you have to remain on the premises for example).

However, you cannot be required to be on duty during these breaks as this defeats the object of the rest break! So when you ask can you claim additional payment, I would have to say not, but that rather you should be asserting your right to take the break from work in accordance with the Working Time Regulations.

See also: Are extra smoking breaks unfair to your employees?

Tagged: Smoking

Related Topics

Smoking

Related Stories

Legal advice

How UK sustainability reporting standards will affect your SME

The UK Sustainability Reporting Standards will be introduced in 2026. Find out how you'll be expected to adhere

Legal advice

Should you use AI to draft commercial contracts?

Peter Kouwenberg of Taylor Walton Solicitors explains what can go wrong if you rely on AI for your business contracts

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

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

How UK sustainability reporting standards will affect your SME

The UK Sustainability Reporting Standards will be introduced in 2026. Find out how you'll be expected to adhere

Legal advice

Should you use AI to draft commercial contracts?

Peter Kouwenberg of Taylor Walton Solicitors explains what can go wrong if you rely on AI for your business contracts

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

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.

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