What Does The Law Say about Leaving Work Premises on Your Break for a Cigarette?

Question

I need to know where i stand legally. Up until last Friday the staff at where i work (in a care home) were allowed to leave work premises on our unpaid breaks to have a cigarette. Our employer has now put a stop to this and i would like to know if that is allowed? on our contract, it states that we have to stay on work premises for the duration of our shift, but does not state staying there on our break. Our breaks are unpaid and feel that we are being treated wrongly because we smoke. Do i have any rights here? What does the law say? can my manager do this to us? i need as much info as possible please. I want to fight this. Ive been told that if we was to go outside on our break now, it is a sackable offence!

Answer 1

Your employer can prevent you from leaving the premises on a break, they are actually paid anyway.

Answer 2

I know you are entitled to 20 minutes uninterupted rest break unpaid where the working day is more than 6 hours. Unfortunately it has to be on the premises for health and safety reasons coz if you have an accident they are liable, but if you are only in the grounds there shouldn`t be a problem really, that must be classed as on the premises. Did you know also you are entitled to 11hours rest in every 24hrs working period. Eg: if you finish at 11 at night you can only go back to work at least 11 hours later. I know care workers do silly shifts, if you do maybe this could be a bit of a negotiation for your smoking outside.

Answer 3

usually, unless you clock out during your break you are still on the clock so technically a break is not considered unpaid. You didn't say what state you are in so answering legally will be difficult. If you are not clocking out during your break you are technically still working, so if you leave the work property and get hurt the company would be liable. Perhaps you can negotiate something with your boss where you can log out for 10 or 15 minutes so you can leave the work grounds for a cigarette.

Answer 4

It may depend on the break. A tea break is paid, and you should not leave the premises. Lunch breaks are unpaid and you can go where you like. Maybe if you are in the grounds of the workplace, smoking will not be allowed there anytime. Eat chocolate instead !

Answer 5

If this was not in your original contract, they can't force you to obey it. I'm no lawyer (I like being on the right side of the law unlike lawyers) and it's only my opinion but if it's not in your contract for employment then it's not legal. I do own a business but I would never put any such restriction on my employees. I suggest you contact your local labor laws sense every state has their own labor laws.

I'm also the type of person that if someone pisses me off that much, I'll light up a cigarette where it's against the law to do so. I did last week at my local hospital and told that guard when he stops breathing my air, I'll quit smoking. He didn't bother me after that and I finished my cigarette where I was standing.

Answer 6

It breaks are paid, you may have a problem. If it's unpaid time, they cannot dictate to you how and where you spend it. But it may be a moot point, because most employers can fire you without cause. Even if you're legally correct on the unpaid break, they can give some other reason if they want to get rid of you.

If your company hates smokers that much, why work there?

Answer 7

This has been added to our contract, I work for a Local Authority, and is also a sackable offence - however I thought care homes were exempt from the law because it is someone's home.

Makes a bit of a mockery of the idea if you can't smoke but the inmates can.

Have to say though if it is now part of your contract, and presumably has been agreed with your unions etc, there is not much you can do.

Answer 8

You've already answered it yourself - "it does not state staying there on our break".

Going on what you say (which is all I have) he has "unilaterally varied a contract", which he's not allowed to do.

Take your contract down to the CAB and see what they say - if you're not being paid, I can't think of any circumstances when you can be held on the premises against your will, that's "false imprisonment" if nothing else.

Answer 9

I can't speak for the laws in Great Britain, but, the contract you have signed may have you waive the rights to which you may normally be entitled.

There may be legitimate, valid reasons for this stipulation, such as it being the nature of the business that staff may be needed in an emergency situation.

I cannot say for certain.

Answer 10

What the company should have done, was when the smoking ban came ino force, they should have allocated an area for you to smoke outside the building. The area should have been at least 20 feet from any entrance to the building.