This is how many cigarette breaks you are legally allowed to take at work

It can be quite a controversial issue when you see your colleagues regularly pop out for one of their customary cigarette breaks.
Smokers on a breakSmokers on a break
Smokers on a break

It may only be once every few hours or it could be a bit more often but its an issue that could potentially divide an office.

You may find yourself wondering whether your colleagues are legally entitled to their five minutes outside.

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Or, you may become a bit envious that you have to stay sat at your desk just because you haven't taken up the habit.

Well, under UK law, smokers actually have no legal right to step out for a fag break.

However, workers do have the right to take one uninterrupted 20 minute rest break during their working day if they work more than six hours a day.

This could be a tea or lunch break but it doesn't have to be paid.

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But, there is no statutory right to a 'smoking break'. And employers are not obliged to pay you for this break and it depends on their terms of employment.

Employers can say when employees take rest breaks during work time as long as the break is taken in one go somewhere in the middle of the day (not at the beginning or end)

Also, workers are allowed to spend it away from their desk or workstation (ie away from where they actually work)

But, it doesn’t count as a rest break if an employer says an employee should go back to work before their break is finished.

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Workers can be fined up to £200 for smoking in the workplace and employers do not have to provide a smoking shelter within the premises.

Daily rest and weekly rest

Under UK law - workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day.

They also have the right to either an uninterrupted 24 hours without any work each week and an uninterrupted 48 hours without any work each fortnight.

If your employer does not allow you to take any kind of breaks then this should be raised with the manager or HR department.