A cigarette or vape break can be a familiar part of the working day for some employees, but workers may be surprised to learn there is no legal entitlement to simply step outside whenever they want. The rules surrounding workplace breaks can be confusing, particularly because most adult workers are entitled to a minimum rest break during longer shifts. But that does not mean the law gives smokers and vapers a set number of additional breaks.
GOV.UK states that workers are normally entitled to one uninterrupted 20-minute rest break if they work for more than six hours in a day. It also specifically states that, unless an employment contract says otherwise, workers do not have the right to take smoking breaks.
The 20-minute break can be used as a lunch or rest break, but employers can decide when it is taken provided the legal requirements are met. It does not automatically become an extra cigarette or vaping break.
Markus Lindblad, Head of Legal & External Affairs at Northerner, explained: “All workers are entitled to have a 20-minute break when working more than six hours a day. Unfortunately for smokers or vape users, there is no automatic right to any additional breaks, so unless the work policy or contract allows additional time to have these breaks, then employees must only smoke or vape during their allocated downtime.”
ACAS adds that employers can choose to provide longer or additional breaks, including specific breaks for smokers. Any such arrangement can be set out in an employment contract or workplace policy.
There is another distinction between cigarettes and vapes. Smoking is banned in enclosed workplaces, public buildings and certain work vehicles, with GOV.UK stating that the law does not apply to e-cigarettes in the same way. Employers can, however, decide whether vaping is allowed on their premises.
For employees who repeatedly leave their workplace without permission, the issue can become a matter of workplace conduct rather than simply a question about smoking. ACAS says misconduct can include behaviour that breaks an organisation’s rules, and employers should investigate potential disciplinary matters and follow a fair procedure before deciding what action to take.
There is also no universal number of smoke breaks that applies to every workplace. Some employers may allow them, while others may require employees to use their normal allocated break or make up the time, depending on their contractual arrangements and workplace policy.
Anyone unsure about the rules should check their contract or staff handbook before assuming they are entitled to extra time away from their duties. And while the law currently treats smoking and vaping differently in some respects, the Tobacco and Vapes Act 2026 introduces new powers concerning vape-free places across the UK, meaning workplace rules around vaping could change even further.
This story originally appeared on Express.co.uk
