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You are here: Home > Business > Business and street trading licences > Smokefree compliance > Do employers have to provide smoking breaks or outside smoking areas? Do employers have to provide smoking breaks or outside smoking areas?
No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you might like to decide where smoking is allowed elsewhere on your premises, e.g. in open car parks, grounds, or shelters.
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