Is it fair?

[shiraz83]

A friend of mine works in a busy London department store, and works long hours. Her manager who is a smoker gives 10 minutes (outside breaks) for each of the smokers to sit down and have a cigarette while the non smokers don't get any extra break.

Surely the non smokers deserve a chance to sit down for 10 minutes too? After all, they are on their feet for long periods of time as well? Thanks for your answers.

[Avatar]

Bloody smokers, hanging's too good for 'em!
Seriously though..
I would say that this is discrimination effectively.
Im willing to bet that these smoke breaks arent in the company's rules and that the boss is just looking after her own. If you made a formal complaint about it, it probably wouldnt do your career any good. All you can do perhaps is play her game, get yourself a fake cigarrette and go out for a smoke break with the others with that!
Or have a quiet word (or email) to the boss's next higher up manager.

[rojash]

Wouldn't it be simpler, and much less hassle, if your friend just claimed to be a smoker, went outside, and chewed gum for ten minutes?

Kicking up a stink is more likely to result in NOBODY getting a ten minute break, and I can't see any benefit in that.

[dot.hawkes]

Are these ten minute breaks paid breaks that are included in the contracted hours, or unpaid breaks that result in the members of staff taking shorter Dinner hours? If these are paid breaks and the staff are also having their other paid breaks then the manager is at fault and a concern or grievance should be raised.

[sponsmith]

As previously stated, why dosen't she just go outside for 10 minutes?
Surely nobody is checking to make sure people are actually smoking!

[jno]

I can think of plenty of reasons for not going outside at this time of year. The question is whether you're allowed to take a 10-minute work break. You should be if others are. Rather than make a fuss, could you have a quiet chat with your HR department if you have one?

[Captain Swab]

Well i am smoker but still think that if fellow smokers are allowed a fag break to "chill" for 10 minutes then so non-smokers should be allowed to have a similar break too. Only fair.

[Memore]

I doubt the manager has the authority to give ten minute breaks because it would not be in the contract that you get that - there would be total hours for the week which allow a one hour unpaid break for lunch - she is therefore directly discriminating against non-smokers she is on dodgy ground because if any of the non smokers are say black gay disabled etc they could use that and say that is why she is discriminating ie giving less breaks regardless of the reason of smoking if none of the smokers fall into those groups - there is nothing in law protecting smokers but there is for other groups so a grievance is the best way but the non smokers should do it as a group although I would try and do it through mediation first with the HR department