Under the Working Time Regulations, most adult workers in Great Britain are entitled to an uninterrupted 20-minute rest break when they work for more than six hours in a day. GOV.UK makes clear, however, that workers do not have an automatic right to smoking breaks unless their employment contract provides for them.
That means an employee cannot generally insist on additional breaks simply because they smoke or vape. An employer may choose to offer extra breaks, but the arrangements can be set out in the workplace's contract or staff policy.
What ACAS says about extra breaks
ACAS says employers can offer longer or additional breaks, including breaks specifically for smokers. It also says that workers who put in more than six hours do not automatically gain extra statutory breaks simply because they work a longer shift.
Markus Lindblad, Head of Legal & External Affairs at Northerner, said: "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."
Difference between smoking and vaping rules
There is also an important difference between smoking and vaping. Smoking is prohibited in enclosed workplaces across the UK, while e-cigarettes are not covered by the same smoke-free legislation and employers can set their own rules about whether vaping is permitted on their premises.
For workers in Wales, the Welsh Government confirms that smoke-free legislation covers smoking tobacco but does not currently make vaping an offence simply because a location is smoke-free. Individual employers can nevertheless introduce their own restrictions on vaping.
The situation could change as new legislation is introduced. The Tobacco and Vapes Act 2026 creates powers for vape-free places in Wales and other parts of the UK, although the detailed restrictions depend on regulations being made under the Act.
Can workers be disciplined?
So, can someone be disciplined for taking too many smoke breaks? Potentially, if they are taking unauthorised breaks or breaching workplace rules, particularly where this affects their duties.
However, ACAS says employers should investigate concerns and follow a fair disciplinary process rather than automatically jumping to a formal sanction.
Workers should therefore check their employment contract and staff handbook before assuming they are entitled to additional smoking or vaping breaks. The statutory rest break and any extra smoking or vaping time are not necessarily the same thing.
