Discrimination

[Sparks_]

My daughter came home from work yesterday in a pretty bad mood, what had upset her was her line manager telling her she had to stay at her computer/desk other than at lunch time.

 

What annoyed my daughter is that the 'smokers' are allowed a 15 minute break morning and afternoon but non smokers are not allowed this break and must not leave their desks...she said she has even thought of taking up smoking so she can have a break!

 

Is this discrimination and is there anything she can do...other than find another job( which she is doing)

 

Plus do not workers who's primary work is on computers allowed a break ever hour or so?

[honeybee13]

Hi.

 

Here's some guidance from the HSE on screen breaks, hope it helps.

 

http://www.hse.gov.uk/contact/faqs/vdubreaks.htm

 

HB

[honeybee13]

I've always thought that smoking breaks weren't fair. Where I worked, the smokers had two breaks a day that the rest of us didn't take, and we all went home at the same time. The non smokers probably worked an extra half an hour a day. I found this article that you might be interested in.

 

http://www.personneltoday.com/hr/employment-law-clinic-smoking-breaks-in-the-workplace/

 

HB

[Nystagmite]

It's not discrimination in the sense that she has a protected chracteristic. (gender, age, disability, etc) But What HB said about the screen breaks sounds right. When I worked at MDEC / Royal Mail, we had to take a 10 minute break (plus the 30 minute meal break) every hour.

 

As a non smoker, I wouldn't be too happy either.

[Sidewinder]

Is there a Health & Safety rep in the workplace? Ask to see (via the Manager if no H&S rep) the Risk Assessment associated with VDU use. The employer should certainly have one and it should be compliant with the Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002

 

The regulations recommend frequent and regular breaks from DSE (Display Screen Equipment) - 5-10 minutes each hour being the suggestion. Although this does not impose a complete break from all work activity it does allow for alternative activity to be performed which allows users to minimise the risk of eye fatigue and other problems associated with extended unbroken periods of screen, keyboard and mouse activity.

 

As far as smoke breaks are concerned this is always going to be a tricky subject, but the employer should be sensible and allow non-smokers the same privilege. I always suggested that when smokers returned from a break, the non-smokers should then go and stretch their legs, make a drink or just leave their workstations for 10 minutes. This certainly removed the problem of only some people getting extra breaks, but you cannot legislate for a bad employer who doesn't consider the problem in the same way. You might raise a grievance but the problem is that this will almost inevitably get colleagues' backs up. There is no discrimination here unless either group (smokers/non-smokers) are all exclusively male/female, gay/straight, old/young, black/white etc. It is simply poor management.

[numbers666]

As a smoker I take additional breaks during the day. I also start 30 mins earlier to allow for this. Personal choice. I am also flexible with my team. As long as the work is done, they can have as many t breaks, 10 mins here and there as needed. Productivity is increased from a happy workforce and flexibility by management is a must. Speak to your manager, non confrontinal and ask him her to see from your point of view. Maybe offer to make a coffee or two which takes 15 mins each time.

 

I would suggest formalising it would do no favors other than to annoy people.

[postmn]

As a smoker I take additional breaks during the day. I also start 30 mins earlier to allow for this. Personal choice. I am also flexible with my team. As long as the work is done, they can have as many t breaks, 10 mins here and there as needed. Productivity is increased from a happy workforce and flexibility by management is a must. Speak to your manager, non confrontinal and ask him her to see from your point of view. Maybe offer to make a coffee or two which takes 15 mins each time.

 

I would suggest formalising it would do no favors other than to annoy people.

i must agree with you here being an ex smoker i did not take my full lunch break to allow for my smoking breaks so maybe you are not seing the whole picture