[Jack Wallace]

Anyone know if there is an employment law on smoking?

Had a new lad start a couple of weeks ago, he is out working with my other guy who is a real grafter till he learns the round then will go out on his own,  my guy tells me the new guy moans that they dont stop for a proper lunch break and stops often for a ciggie.
I have told him we dont stop for a 30 min lunch break as it slows us down for so long after, instead we tend to stop for the odd ten mins here and there. however if he wants to stop he can.
Aparently he sits in the van having lunch while my guy works but also stops every now and then for a smoke.
If he stops just 6 times a day for 5 mins he is losing 30 mins across the day and my other guy is having to carry him.
Can i just tell him no smoking during work hours? although when he is out on his own I realise I cant uphold this.
Bloody smokers!! I normaly dont employ them but he is the son of a mate so made an exception.

[darren clarke]

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

have a read of that,  u r entitled to 20mins every6 hours,  most people get 30 mins for breaks,

do u pay them for there dinner

do they get job and knock, 

[Blue Frog Systems]

I believe as an employer that you have to let him have a propper lunch break (30 mins or whatever). Your other guy may be happy to have 10 mins here and there.

Im a smoker myself and a ciggy now and then is needed. Why not have a word about him having a 15min break and 3 x 5 min ciggy breaks. That way he can get a min of 4 ciggarettes per working day.

[darren clarke]

this what the gov says about breaks

Rest breaks - a break during your working day

As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.

A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.

The requirements are:


•the break must be in one block

•it cannot be taken off one end of the working day - it must be somewhere in the middle

•you are allowed to spend it away from the place on your employer's premises where you work

•your employer can say when the break must be taken, as long as it meets these conditions



i use to work at a place that was job and knock so it didnt bother us

[jonnyald]

as he is new ,most likely is finding it all hard going


 a firm near me sets a target that must be brought in each day,if not met their wages are docked . thatd stop any sliding into long smoke breaks

[darren clarke]

how long is he taking for fAg breaks,  is he a 2 minute guy or a brew and a fAg 20 min bloke

[Sunshine/Cleaning]

I think you are being unreasonable. If they are doing an 8 hour day half hour for lunch and a couple of drink breaks around 10 and 2 is reasonable.

Do you pay a wage or %. Do you pay holiday and sick pay or is it a 'cash business for you'?

You should price into your day reasonable breaks, I'm suprised you can keep staff at all with the work practice you insist on.
 

[Jack Wallace]

I dont think I am being unreasonable at all. I pay a good wage, I pay holidays, bonuses and sick.

what i expect in return is someone who is prepared to work to keep the company ticking over.

I have told him if he prefers to take the 30 min lunch break (for which he is paid) as a full break then that is ok. I dont have any problem with that, However if he doeas that and then sits having half a dozen smoke breaks during the day whilst my other guys is grafting that is not fair on the other guy, or me as the guy paying him to slack off.
I am not a hard task master. Occasionaly they want to knock off early or turn up a few mins late I never say a word and ALWAYS pay them. After many years as the employee I know what it feels like.

[LQQK]

I dont think I am being unreasonable at all. I pay a good wage, I pay holidays, bonuses and sick.

I would suggest that breaking employment laws by definition makes you unreasonable.

[Jack Wallace]

I dont think I am being unreasonable at all. I pay a good wage, I pay holidays, bonuses and sick.

I would suggest that breaking employment laws by definition makes you unreasonable.

My Guys start work at 8 am and finish at 4.30. they get a paid 30 min lunch break, they can take that break however they wish.
Perhaps you would be kind enough to tell me which law it is you think I am breaking?

[LQQK]

Perhaps you would be kind enough to tell me which law it is you think I am breaking?

I have told him we dont stop for a 30 min lunch break

[formb]

http://www.workplacelaw.net/news/display/id/10659

[Jack Wallace]

Anyone know if there is an employment law on smoking?

Had a new lad start a couple of weeks ago, he is out working with my other guy who is a real grafter till he learns the round then will go out on his own,  my guy tells me the new guy moans that they dont stop for a proper lunch break and stops often for a ciggie.
I have told him we dont stop for a 30 min lunch break as it slows us down for so long after, instead we tend to stop for the odd ten mins here and there. however if he wants to stop he can.
Aparently he sits in the van having lunch while my guy works but also stops every now and then for a smoke.
If he stops just 6 times a day for 5 mins he is losing 30 mins across the day and my other guy is having to carry him.
Can i just tell him no smoking during work hours? although when he is out on his own I realise I cant uphold this.
Bloody smokers!! I normaly dont employ them but he is the son of a mate so made an exception.

Albert Steptoe.  Are you sure you are a window cleaner and not a reporter for the daily papers? if you only quote a part of a sentance you can make it say something totaly diferent.

[Elginn]

If he takes his 30 minutes break that's fine but if he wishes to smoke during the day then he should continue whilst working but only on the properies were the customer is known to be out, I don't allow my staff to smoke on customers properies and would sooner they get out of site and smoke but I don't stop them because a happy worker is a good worker, Start making rules to stop him smoking and your work rate won't be as good when he goes out on his own and when he does go out on his own, are you going to keep tabs on him?

[Jack Wallace]

http://www.workplacelaw.net/news/display/id/10659

Thanks Form B
I do realise this is a difficult topic and maybe I have opened a can of worms. I am not a hard man and don’t want or expect my guys to graft every moment they are out working, so the odd smoke here and there is not a problem. However I do need them to be as productive as possible, otherwise there is no point employing them. As a one man band you go out and do a days work and most of it is profit. However as an employer things change drastically. Paid breaks, paid holidays, insurances, uniforms, extreme weather, plus a multitude of other costs. How long do you think they have to work just to cover the 28 days a year paid holiday they get?
So the bottom line is unless your employees are working hard the profits would not cover the costs.
When my best guy complains he is carrying someone because he is standing around smoking it naturally made me concerned.

[Sapphire Window Cleaning]

When I have employed in the past I told my guys they get a 30 min lunch break which isn't paid, and 2 15min breaks that are paid, lunch must be taken between 12 and half 1 and the 2 15 min breaks approx 10.30 and 2.30.


I understand where your coming from Jack, you need to have your guys earn approx 3 times the amount you pay them each day. i.e. if they are paid £50-£60 each per day then they need to earn you approx £150 each. its not hard to do, say average house is £10 its only 15 average houses a day.


Matt

[Sapphire Window Cleaning]

Anyone know if there is an employment law on smoking?

Had a new lad start a couple of weeks ago, he is out working with my other guy who is a real grafter till he learns the round then will go out on his own,  my guy tells me the new guy moans that they dont stop for a proper lunch break and stops often for a ciggie.
I have told him we dont stop for a 30 min lunch break as it slows us down for so long after, instead we tend to stop for the odd ten mins here and there. however if he wants to stop he can.
Aparently he sits in the van having lunch while my guy works but also stops every now and then for a smoke.
If he stops just 6 times a day for 5 mins he is losing 30 mins across the day and my other guy is having to carry him.
Can i just tell him no smoking during work hours? although when he is out on his own I realise I cant uphold this.
Bloody smokers!! I normaly dont employ them but he is the son of a mate so made an exception.

[Sapphire Window Cleaning]

Anyone know if there is an employment law on smoking?

Had a new lad start a couple of weeks ago, he is out working with my other guy who is a real grafter till he learns the round then will go out on his own,  my guy tells me the new guy moans that they dont stop for a proper lunch break and stops often for a ciggie.
I have told him we dont stop for a 30 min lunch break as it slows us down for so long after, instead we tend to stop for the odd ten mins here and there. however if he wants to stop he can.
Aparently he sits in the van having lunch while my guy works but also stops every now and then for a smoke.
If he stops just 6 times a day for 5 mins he is losing 30 mins across the day and my other guy is having to carry him.
Can i just tell him no smoking during work hours? although when he is out on his own I realise I cant uphold this.
Bloody smokers!! I normaly dont employ them but he is the son of a mate so made an exception.

Why don't you usually employ smokers? isn't that prejudice?

Next you'll tell me you don't employ Ginger haired people because they have a fiery temperamant.

I find that the guys that have worked for me that have smoked work harder so they can earn a quick 5 min break.
at the end of the day, its having that quota completed isn't it?

[Jack Wallace]

Anyone know if there is an employment law on smoking?

Had a new lad start a couple of weeks ago, he is out working with my other guy who is a real grafter till he learns the round then will go out on his own,  my guy tells me the new guy moans that they dont stop for a proper lunch break and stops often for a ciggie.
I have told him we dont stop for a 30 min lunch break as it slows us down for so long after, instead we tend to stop for the odd ten mins here and there. however if he wants to stop he can.
Aparently he sits in the van having lunch while my guy works but also stops every now and then for a smoke.
If he stops just 6 times a day for 5 mins he is losing 30 mins across the day and my other guy is having to carry him.
Can i just tell him no smoking during work hours? although when he is out on his own I realise I cant uphold this.
Bloody smokers!! I normaly dont employ them but he is the son of a mate so made an exception.

Why don't you usually employ smokers? isn't that prejudice?

Next you'll tell me you don't employ Ginger haired people because they have a fiery temperamant.

I find that the guys that have worked for me that have smoked work harder so they can earn a quick 5 min break.
at the end of the day, its having that quota completed isn't it?

Ha ha I have nothing against Gingers. My ex girlfriend was one. I can highly reccomend them 
 
When i said "I dont normaly employ smokers" what i meant was I have not employed them in the past. It was not a decision I made but just the luck of the draw. However if it was a choice to make between 2 candidates the non smoker would most definitly have the advantage.
When i was the employee I used to hate watching people skiving off for a smoke knowing I was carrying them

[Glen Bullivant]

I am a smoker who quit for two years, during those two years I know for definite I was more productive at work than after I started up again (foolish - lots of beer involved  ). yes some smokers will work harder/faster to 'earn' himself his 5 minuter but do you want you guy rushing your custies windows so he can have a quick puff after? The other thing is that we all have those days when things are going wrong and its just doing your head in, the smoker is more likely to say bugger it and have a cig to 'calm down' (even though nicotine is a stimulant) whereas the non-smoker will just battle on!

As for prejudice, I think that if you are comparing two candidates of equal merit but one has an addictive behaviour that is likely to have an impact on productivity then you are not singling them out, you are making a sensible business decision.

On the other hand, Jack, do you still clean yourself? if so it might be worth going out for a day with the lad to see exactly how he is, or just put him with someone else.

the reason I say this is that if your best guy is an all out grafter he might have a lop-sided view of how bad the other lad really is and might have an 'if i can do it why cant everyone'.