19/09/2003

'Light it or lump it' for non-smokers at work?

Non-smokers at work are fuming over the additional breaks their smoking colleagues seem to be taking and are demanding additional breaks to compensate.

According to one of the UK's leading supplier of business information, support and advice, Croner Consulting, 27% of the UK population smoke, with each smoker having on average 14 cigarettes a day. Furthermore, 80% of heavy smokers (20 a day or more) would find it difficult to go through a day without smoking.

Richard Smith, employment law expert at Croner Consulting said his division receives up to 100 calls per week to its employment law helpline from employers confusedabout how to fairly manage their employees' smoking breaks and avoid associated resentment in the workplace.

He said: "Employers often ask us if they should limit or stop smokers from having cigarette breaks, or if non-smokers should be entitled to extra breaks to compensate.

In fact, neither non-smokers nor smokers have the right to request additional breaks and it is entirely down to the discretion of the employer."

At present employers have a responsibility to treat all employees equally, and to address any resentment between groups of employees, such as smokers and non-smokers.

"Employers should ensure that all employees have equal opportunities for comfort breaks," he said. "Smokers may choose to leave the office for a cigarette, while a non-smoker may have a cup of tea or the traditional chat by the water cooler."

"However, it may appear, and is often the case, that smokers are taking longer and more frequent breaks than non-smokers. In such cases, employers should ensure their policy on smoking and refreshment breaks is up to date and clearly communicated to all employees."

(MB)

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