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Am I entitled to smoke in my rest breaks? My employer says I must wait until the end of my shift...
I work a 10 hour night shift in a large supermarket and am told I cannot go outside for a cigarette break until my shift is over. Is this legal?
Your employment contract should entitle you to rest breaks during the day.
Unless your contract requires you to take your breaks in the premises there is nothing to stop you from going outside the no smoking area to have a cigarette during those breaks.
Your employer may insist that employees do not smoke in the outdoor parts of the supermarket (such as the car park) and if so those wishes should be respected and you will need to go elsewhere.
You are not entitled to extra breaks however to compensate you for the fact that it is now illegal to smoke in the workplace. Of course the best way to resolve this dilemma is to give up smoking.
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