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Should workers be forced to clock out to smoke?

2010-11-03 07:03:53

By Tom Geoghegan BBC News Magazine

Smokers working at a district council must clock out when they nip outside for

a fag. So is it fair that employees who smoke do it in their own time?

They're a familiar sight in British towns and cities, huddled at the foot of

office blocks under wisps of smoke.

These are the outsiders, both figuratively and literally, who grab a few

minutes away from their desk or the shop floor to have a cigarette.

The number of pavement puffers swelled with the demise of the office smoking

room when legislation in Scotland in 2006 and the rest of the UK a year later

spelt the end of smoking in enclosed public places.

But should they be paying back the time they spend away from their work?

For hundreds of staff at Breckland Council in Norfolk, that is now the reality.

On Monday, the district council began a regime of compulsory clocking in and

out for smoking breaks, thereby joining some other employers in the public and

private sectors who have done the same.

William Nunn, leader of the council, says the move was not initiated by staff

resentful that colleagues kept deserting their desk, but by smokers themselves.

"This all came about when staff contacted our HR team because they were

confused about what the policy was on clocking out for smoking breaks. Some of

the smokers were concerned because many of them, 54% it turned out, clocked

out."

Continue reading the main story

What does the law say?

"Employers are not obligated to allow employees to have any smoking breaks at

all, and they are legally required to prevent employees from smoking in the

workplace. Generally, employees working a shift of six hours or more are

entitled to a 20-minute unpaid break during their shift. The entitlement is to

one break only and you can normally take this away from your workstation.

However, there is an exemption to this where there is a requirement for a

permanent presence."

Peter Done

Peninsula, an employment law consultancy

All 280 staff were surveyed about it and expressed a desire to formalise the

policy so that smokers had to clock out for breaks, in the same way that staff

would if they nipped out to Tesco, says Mr Nunn. That doesn't apply to coffee

breaks because the kitchens are in the building.

"I would suggest that all staff take breaks. The difference is that smokers are

taking additional breaks. Everyone, non-smokers and smokers, goes for a wander

or for a coffee and we're not suggesting that they should be clocked. We have a

policy around personal internet use - that it should only be in free time - and

there are undoubtedly breaches of that, like in any company."

There was no suggestion the previous system was being abused, he says, and

there have been no objections from the council's 53 smokers. Indeed, many have

said they prefer to clock out so their time out is not frowned upon by

resentful non-smoking colleagues.

'Tensions over breaks'

The length and frequency of the smoking breaks his employees take varies, says

Mr Nunn. Some say they have a couple a day for 4-5 minutes, but others say they

have three or four which could last up to 20 minutes if they have clocked out

and had a good chat.

On average, a smoker spends an hour each day on a fag break, according to

research published last month by www.onepoll.com, who contacted 2,500 adult

smokers in the UK. This was usually made up of four 15-minute breaks a day, or

a year over their working life.

Smokers have to make up the time taken for cigarette breaks

But a previous study in 2003, by employment law firm Croner Consulting,

estimated that it was more likely to be three five-minute breaks a day, making

about eight working days a year. The Leicestershire firm said it would receive

up to 100 calls a week from bosses worried about what to do about it.

One company head who found smoking to be particularly divisive was Robert King,

who managed his own security company in Sheffield, which employed between five

and 15 people during his five years as the director.

"There was serious tension at one point when one member of staff, a smoker,

didn't respect the rights of the non-smokers because as part of a group of

employees performing a task, he would go out for fag, which was disruptive to

the team."

Start Quote

Whether it's outside the office or the pub or restaurant we're all lepers and

persona non grata now

End Quote Richard Hancock Smoker

A clocking-on system would have addressed these kind of problems because it

makes smokers accountable to themselves, says the 46-year-old former smoker,

who believes too many smokers think only about their next cigarette and not the

team.

"It's frustrating as a boss because you are virtually powerless. Everyone has a

right, if they choose to smoke, but where that right ends is the issue that is

contentious within business."

Clocking off is another example of employers making life as difficult as

possible for smokers, says Simon Clark, the director of pro-smoking lobby group

Forest, who says it's unfair to penalise these breaks but not others.

"There's no evidence that smokers are working fewer hours than non-smokers.

They come out with all these statistics but they are based on 'guestimates'.

Can non-smokers truthfully say they're not making personal phone calls,

browsing the internet or taking coffee breaks?

"The problem is that when smokers take a break it's very visible because they

have to go outside."

This might seem a reasonable policy but where does it end, he asks. Already

some companies are placing recruitment adverts asking for non-smokers, forcing

smokers to lie when questioned at an interview.

Breaks of any form are absolutely essential, says Cary Cooper, a professor of

organisational psychology and health at Lancaster University Especially for

British workers, who he says slog the longest hours in the EU, often in front

of a computer, but are among the least productive.

'Smokers have the right idea'

work, because concentration flags

important non-smokers get up and stretch too

employers shouldn't worry about smoking breaks

Clare Evans, time management expert

"People are working longer and harder than ever before. Quite a lot of people

are about to lose their jobs in the public sector and this will impact on the

private sector also. Fewer people are going to be doing more work. Given this

scenario, breaks are more important than ever before."

Fag breaks give smokers the opportunity to chat and socialise, which can help

the business, he says.

"If most of us are going to work and are in front of our machines, tending to

e-mails and everything, we're not relating to other people. When we take a

break we're talking to colleagues and that's ultimately important for teamwork

and meeting people's social needs. Breaks aren't just about getting away from

the computer but having contact with colleagues, which I think has an indirect

benefit on productivity."

Breaks should be for everybody, he says, and unless the clocking-out policy

applies to all kinds of breaks, it merely victimises smokers.

A better solution would be giving all staff a 15-minute break in the morning,

another in the afternoon, and an hour for lunch. Any additional breaks, for

smoking or whatever, can be on the clock.

"It's all about the T-word. The more you trust people the better. And if people

undermine that trust then give them feedback."

Below is a selection of your comments

As a smoker I'll admit to getting a bit of a hard time when I take a smoke

break. It doesn't bother me too much as I know I'm valued but in reality

non-smokers waste just as much time on coffee or chat breaks. This is can be a

bit annoying as in reality I spend 99% of my smoke "break" reading e-mail on my

phone. Just because you are smoking doesn't mean you aren't working, that's the

beauty of technology.

Sean Shafer, Houston, US

It is not a case of smoking breaks v. other types of breaks. We started

studying breaks in our organisation to formulate policy, and found that smokers

had their breaks in addition to coffee breaks, standing around chatting, and

surfing. They were simply taking extra breaks over and above everyone else.

Colin, Darmstadt, Germany

I had several friends in high school start smoking because it allowed them to

slack off at their retail jobs. I worked my 8 hour shift with a 30 min lunch

and two 15 minute breaks while they took an additional 45 mins or more to go

smoke throughout their shift. I haven't noticed this in the adult cubicle life

I live now, however.

Sara P, Renton, WA, USA

As a smoker I've often considered this issue when stepping out for a cigarette

break, and often conclude I shouldn't be paid for indulging in my habit. But

then this depends on the job. When at university I worked in retail, and the

consequences of me smoking were that my colleagues were picking up the slack

for my absence. However, since graduating, my office job has been largely email

based, the worst consequences being a delay in correspondence. Overall, the

issue rests on the consequences an addiction to smoking makes on your

co-workers and job. But then if it was judged on this, discrimination claims

would probably result between employment sectors.

Tom, Brighton, UK

I agree with Mr. Cooper. A savvy employer trusts their workers enough to give

not just smokers, but everyone a chance to grab a small break here and there

throughout the day, and only acts when it becomes disruptive. I know myself

enough to say that I work much better over my shift if I can break, instead of

working straight through it.

James Vargas, Horace ND, United States

I am a smoker, and already make up time from my breaks. I have noticed,

however, that it seems to be acceptable for 40 minute coffee breaks, or

standing around for an hour chatting; whereas a 10 minute cigarette break is

frowned upon. Why is one type of break frowned on, and not another?

Peter, Reading

"Everyone gets through the day in different ways. Some take coffee breaks,

others go out for a cigarette." Really? The smokers don't have a coffee break

too? I am surprised...

Julie, Leicester

Is it really so hard to go 3 - 4 hours without a cigarette? Have one before you

come in and then wait till lunch time for another. Most of these people will

have been on an aeroplane for longer and will have had to manage going without

one then!

Liz, Reading, Berks, UK

I work for a company where we are not allowed breaks full stop, smokers and non

smokers come in the morning and other than the 30 minute lunch break we are not

allowed to just nip for a coffee, chat or cigarette. We would love the option

of nipping for a cigarette or chat and clocking in and out would be no problem

to us if we was allowed.

Louisa, Warrington

As a smoker who used to work in a government dept. When we had a break the

'smokers' would get the tea/coffee cups and go outside for a smoke. The

non-smokers would remain in the staff room. When the smokers came back in this

encouraged all staff to return to their desks. More non-smokers than smokers

would take a longer break and were slower to return to their desks as they

seemed more settled in the staff room. I think that if a company was against

employees smoking then don't employ smokers or as the manager have a clear

policy on breaks for smoking or refreshments and nipping to the shops.

Fiona, Glasgow