Law on smoking breaks?

Question

Please help. I work in a nursing home and workers were only allowed to smoke outside in the garden anyway, but since the smoking law the matron has now decided that you are not allowed to smoke in either the front or back garden, which basically means you have to stand over the road to smoke, there is no problem with that. We have rules on tea breaks, where you are not allowed to leave the prememsis, but on lucnh breaks you can go out, so now you are only allowed to smoke on your lunch break as this is the only time you can leave the building. Can the (non smoking) matron just start this new rule about not smoking on tea breaks, surley you are allowed to smoke in the back garden and no one can stop you.
Please Help!

Answer 1

matron is rite although she is also a moron

Answer 2

Firstly, breaks other than lunch are always at the discretion of the employer; the matron may of course be acting unilaterally, so check whether or not the company running the home has an official policy on breaks.

Secondly, if you ARE entitled to breaks in the morning and afernoon, then a break is a break BUT these may be conditional on you remaining at your post.

Thirdly, premises (note the correct spelling!) can be taken to include all parts within normal boundaries and CAN include any car park.

Your only "get-out" clause could be where residents also smoke, but, as a consequence of their limited mobility, are allowed to smoke in the garden.

Don't push too hard, or you may end up looking for another job!

Answer 3

do you get paid for your tea breaks, if you do then she can say you can't leave the premises....i am guessing that you probably don't get paid for your lunch break so therefore you can do as you like as its your time....i understand your stress and dilemma as i am also a smoker, i work in a school and my headteacher is a smoker and on my tea breaks i am allowed to go out for a cig even though i am being paid for that time....have you spoke to the matron and told her that it only takes 5 minutes to smoke a cig.....she is being unreasonable if she wont let you leave just for 5 minutes it actually makes me so angry and this stupid non smoking law is getting right under my skin....you need to speak to the matron and explain to her that you will only be 5 minutes and if she doesn't let you she's just being a complete cow (sorry, i got a bit annoyed by the end of that)...bloody no smoking do-gooders are starting to do my head in

Answer 4

I am sorry you have no rights here, and I can understand the matrons point of view. Ideally you should have had a little more warning, but if the decision was made higher up in management it can take a while to filter down to the troops.

I suggest that if you are suffering with withdrawl then you have the option of nicotine patches and gum available to you.

Best wishes and keep up the good work.

Answer 5

As a smoker and someone who has a background in law, the matron can do this. The law will not recognize someone's "right to smoke." Hell, we shouldn't even be smoking to begin with. Talk it over with the matron. I'm sure he or she won't mind you smoking on the sidewalk while bending the "don't leave the premises" rule.

Answer 6

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Answer 7

Yes - perfectly in their rights. We're not allowed cigarette breaks in my office, so it's only smoking at lunch times.

Even as a smoker, I think that's fair enough - bit fairer on the non-smokers.

It may suck at first, but you'll get used to it and won't mind it in the end, trust me.

Answer 8

You're boss or senior is free to make any rules and regulations he or she likes, although you wouldnt be breaking any government enforced laws by smoking in these places, you would however be breaking your employers rules.

Answer 9

Yes she can. You have no legal right to a ciggie break.

Answer 10

It's their property, they can prohibit smoking on the property.