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Smoking Policy

Policy Statement

The Company is committed to protecting your health and safety and the health and safety of colleagues, workers, service users, customers and visitors. This commitment includes observance of the statutory ban which prohibits smoking in public places (enclosed or substantially enclosed premises) throughout the UK.

It is our policy that all our workplaces (including Company cars and other Company vehicles) are smoke-free and that you have a right to work in a smoke-free environment.

This policy applies to all employees, officers, consultants, contractors, volunteers, casual workers and agency workers. Any visitor to our premises or who uses our Company vehicles must also comply with this policy.

This policy does not form part of your contract of employment and we may amend it at any time. We will review the policy from time to time to ensure that it continues to reflect our legal obligations and the Company’s organisational and Business needs

Smoking Restrictions

Smoking is not permitted at any time in any area of our workplace premises. This includes, but is not limited to, meeting rooms, waiting areas, corridors, lifts, stairwells, doorways and toilets.

The smoking restrictions apply to anything that can be smoked including, but not limited to, cigarettes, [electronic cigarettes,] pipes (including water pipes such as shisha and hookah), cigars and herbal cigarettes.

Appropriate ‘No Smoking’ signs are clearly displayed at the entrances to the Company’s premises

This policy also applies to Company vehicles and therefore no smoking is allowed in Company-owned cars (including pool cars), vans or any other Company vehicle [or those cars for which the owner receives a Company car allowance].  It is your responsibility whilst driving or a passenger in Company vehicles to ensure that the vehicle remains smoke free.

Permitted Smoking

You may only smoke outside [in the clearly marked designated smoking areas] during breaks. When smoking outside you must ensure that smoking materials are extinguished and dispose of smoking related litter and waste appropriately and responsibly.


We are under no obligation to provide a designated outdoor smoking area [and we do so at our discretion.] [Smoking is expressly prohibited at the front of the business premises.] If you are unsure which areas are included in the smoking restrictions please speak to your manager for guidance.

Any vehicle that is used primarily for private purposes is excluded from the smoking ban.  Smoking inside your own vehicle is allowed.  However, you must refrain from smoking when using your vehicle for work-related purposes if you are carrying passengers in the vehicle with you.

Smoking Breaks

[We do not permit smoking breaks. If you wish to smoke, you must do this in your own time either outside your normal hours of work or during your lunch break. You are not permitted to take additional smoking breaks during the day.]

[[Two/NUMBER] smoking breaks of [xx] minutes are permitted, [one during the morning and one during the afternoon/OTHER]. You should notify your manager whenever you are beginning a smoking break]

[Smoking breaks are permitted only at the discretion of the Company. If you wish to take a smoking break you should request this from your manager and your manager will decide if it can be accommodated and when.]

[You must return to your duties at any time during smoking breaks, if requested to do so by your Manager.]


Any breach of this Policy by an employee will be dealt with as a disciplinary matter under the Disciplinary Policy. Failure to adhere to this policy is a misconduct offence and in serious cases may be treated as gross misconduct leading to summary dismissal.

[Observance of this policy is the responsibility of each and every employee and therefore if any employee witnesses this policy being breached they should immediately report such breach to their manager. Employees who observe smoking in the workplace in breach of this policy and who fail to report it may be subject to disciplinary action under the Disciplinary Policy.]

If you do not comply with the smoking ban you are committing a criminal offence and are personally liable to a fixed penalty fine and possible criminal prosecution, and you expose the Company to similar action.

Support for smokers who want to stop smoking is available and can be obtained from your local GP’s surgery.



This document has been created by, or on behalf of ESP Ltd, as a general document and as a guide in relation to its subject matter and has not been bespoke drafted for you or the specific circumstances in which you are looking to use it. Prior to using this document and undertaking any HR process you must consult your organisation’s own policies and procedures to ensure that you do not do anything in conflict with your own policies and procedures.  If in any doubt as to how to use this document or, if you require any legal advice, please feel free to contact ESP Ltd on 0333 006 2929 and our legal team will be more than happy to assist.  ESP Ltd will not be liable in any way for any actions undertaken by you or your use of this document unless we have been consulted regarding your use of this document as legal advisor to your business or have bespoke drafted any documentation in response to a specific support request.

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