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work place smoking ban - smokers rights

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tweenyb | 09:05 Mon 02nd Jul 2007 | Law
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i work for a small company with about 15 employees of which 5 smoke!

the owner has informed the staff that there is to be no smoking on the property and if staff would like to smoke they must walk beyond the front gate - this is a 15 minute walk away from our offices and puts ataff straight onto the main road with no pavement!

is this allowed? should he provide a smoking area?

not sure what smokers rights are any more

hope you can help

T x
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Your employers are perfectly within their rights to impose an outright smoking ban on their property, but I find it a little strange that they have done this knowing that if someone wanted to go for a smoke, they would be gone for half an hour. Surely this cannot be good for business.

What about the non smokers, I am sure they would not be too happy that smokers were being allowed to spend so much time 'not working'.

Are your employers asking you to make the time up, if not, then maybe that is their next step.
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no they are not but they are implying that you cant have a cigarette at all... also no one within the company takes a lunch break - we work on through eating lunch at our desks so it looks like the smoking people will be taking a lunch break now in order to smoke - which is fair enough as we are all entitled but i can see alot of disgruntled staff will be complaining today as will the boss!

it makes no sense!
"Smokers rights"!!!!! There isn't such a thing.

People who smoke do not have any extra rights because they smoke. We had staff here who would constantly leave the office every half hour for a fag break - this was not a right just a concession. They whinged when the Mngmnt complained so fag breaks were outlawed and had to fall within their normal breaks. Quite right too. I don't expect to be allowed to the pub every half hour for a tipple (tho it'd be soooooo lovely if that was so!) LOL
As maggoty has already said, there is no such thing as smokers rights, they get the same rights as everyone else.

However, there are things you can do to make your point, but it depends on your employer, and could eventually be career limiting.

Do you spend a considerable amount of your day in front of a computer? If so, I think you are legally entitled to a 'break' every so often, but I am not sure how long the break is or how often it is allowed.It might be that your employer could say ok take the break, but you are not allowed to leave the company premises.Sorry, I don't really know enough to help you, but I am sure there are other Abers who could give you the legal details.
at my work place i live in the uk and work for the local council they was the first council in the hole of the uk to ban smoking in or around the work place.... you can even be done for seen smoking in your uniform for example any thing with the council logo on it..... now i have paid breaks for the hole shift and not allowed to leave the building...... dose this effect any of my rights because any other council building they smoke out side on the streets apart from us .......

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