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Smoke breaks for non-smokers

I work at mcdonalds where a lot of the employees smoke and get 15 minute smoke breaks. Of course, they do smoke then but they also sit around for the rest of the 15 minutes chatting. I don't smoke but want to start taking the breaks since they get paid to do nothing. Legally, where do I start with this? Can they stop me?
Original post by Amy.fallowfield
I work at mcdonalds where a lot of the employees smoke and get 15 minute smoke breaks. Of course, they do smoke then but they also sit around for the rest of the 15 minutes chatting. I don't smoke but want to start taking the breaks since they get paid to do nothing. Legally, where do I start with this? Can they stop me?


You should take the break too. If you are challenged, tell them that you are within your rights. Good luck
Original post by Wired_1800
You should take the break too. If you are challenged, tell them that you are within your rights. Good luck

Do u know the source of this? Like where it says I'm legally allowed to do so just incase they challenge me
Don’t smoke breaks get deducted from your lunch time? Worth checking your handbook / with your manager before you arbitrarily chance it and wind them up.
Original post by Amy.fallowfield
Do u know the source of this? Like where it says I'm legally allowed to do so just incase they challenge me


I don't think there is a legal framework for smoke breaks. I think they are generally given on goodwill esp when it is not very busy.
Reply 5
There is no law on this. Everyone is able to negotiate their own breaks provided that they get at least the statutory minimum of 20 mins per 6 hour shift.
I'd speak to your manager if the smoke breaks are not being deducted from other people's regular breaks
Reply 7
Original post by Amy.fallowfield
I work at mcdonalds where a lot of the employees smoke and get 15 minute smoke breaks. Of course, they do smoke then but they also sit around for the rest of the 15 minutes chatting. I don't smoke but want to start taking the breaks since they get paid to do nothing. Legally, where do I start with this? Can they stop me?


Uh this is how people start smoking don’t worry just focus on your work
Original post by Amy.fallowfield
I work at mcdonalds where a lot of the employees smoke and get 15 minute smoke breaks. Of course, they do smoke then but they also sit around for the rest of the 15 minutes chatting. I don't smoke but want to start taking the breaks since they get paid to do nothing. Legally, where do I start with this? Can they stop me?


Not many employers will give staff a break for smoking...
And if you happen not to be a smoker then unfortunately you don't get any break 😔 you just have to continue doing your job you paid for.

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