These are the laws about smoking or vaping at work - and how many breaks you can take

If you’re a smoker then nipping out for a cigarette or vape at work may be much needed.

But what breaks are you entitled to when at work if you smoke or vape?

Smoke-free workplaces

Although public health laws in the UK now state that enclosed or substantially enclosed workplaces and public places must be smoke free, Trade union Unison explains that support should be given at work for those who do smoke.

Unison senior national officer for business, community and environment Donna Rowe-Merriman said: “Employees have a right to work in safe and healthy environments, which are free from second-hand smoke.

“At the same time, smoking is addictive and we recognise some people have real difficulties giving up this habit, which may mean they need to take regular breaks.

“Employers should support staff to quit smoking. We’ve found a total ban often isn’t workable and can lead to unnecessary disciplinary action, resulting in the loss of valued team members.”

The Advisory, Conciliation and Arbitration Service (ACAS) explains that although smoking is forbidden within workplace premises, organisations can make certain areas available at work for smoking areas. However, employers do not have to provide a smoking shelter. If they do it must comply with the legal requirements.

Public health laws in the UK now state that enclosed or substantially enclosed workplaces and public places must be smoke free (Photo: Shutterstock)

Vaping and e-cigarettes

ACAS also adds that, although employers could allow staff to vape in the workplace, they should consider the needs of the business and the wider workforce.

Paul Holcroft, Associate Director at HR consultancy Croner explains that although “employees may be under the impression that vaping doesn’t fall within any ‘no-smoking’ rules because of the obvious differences” employers are still “able to construct rules on vaping in a similar vein and can, therefore, choose to ban it in the workplace.