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No Smoking Policy UK: Workplace Rules & Duties

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Part ofUK Employment Law Guide for Employers (2025)

Updated June 2026 · England & Wales
Since 2007, smoking has been banned in virtually every enclosed workplace in England and Wales. That sounds simple on paper, but the day-to-day reality for employers is more nuanced. Where can staff take a break? What about vans, company cars, or a shared porch? How do you handle vaping? And what should actually go in writing so everyone knows where they stand? A workplace no smoking policy pulls all of this together in one document. It sets out what the law expects, what the business expects, and how the rules will be applied fairly across employees, visitors, contractors and clients. Getting it right protects staff health, keeps the business on the right side of the Health Act 2006, and heads off awkward conversations before they start. This guide walks through what a solid policy should cover and why each part matters.

What this document is

A no smoking policy is an internal workplace document that explains how a business complies with the smoke-free rules introduced by the Health Act 2006 and the regulations made under it. It confirms that smoking is not permitted in enclosed or substantially enclosed parts of the workplace, sets out any designated outdoor areas the employer has chosen to provide, and describes how the rules apply to company vehicles used by more than one person.

A good policy goes further than a legal notice on the wall. It usually covers who the rules apply to (staff, agency workers, contractors, visitors and clients), how signage will be displayed, what happens if someone breaches the policy, and how the employer will handle related matters such as vaping, e-cigarettes and support for employees who want to stop smoking.

Because the policy touches on discipline, health and safety, and equality considerations, most employers treat it as part of their wider staff handbook rather than a standalone memo.

How to use this document

  1. Confirm where the smoke-free rules apply in your workplace. Walk through your premises and identify every enclosed and substantially enclosed area, including corridors, stairwells, shared entrances, canteens and meeting rooms. Note any vehicles used for work by more than one person. This mapping exercise tells you exactly where smoking must be prohibited before you start drafting anything. 2. Decide your position on designated outdoor smoking areas. The law does not require you to provide one, and many employers choose not to. If you do, think about distance from doorways and windows, shelter, litter bins, and whether the area is visible to clients. Write down the rules so there is no ambiguity about when and where breaks can be taken. 3. Draft the written policy and set out the detail. Cover the purpose of the policy, who it applies to, the prohibited areas, any permitted areas, rules on vaping and e-cigarettes, disciplinary consequences of a breach, and support available to staff who want to stop. Keep the language plain so that a new starter can understand it on day one. 4. Install compliant no smoking signage. At least one clearly visible no smoking sign must be displayed at every entrance to smoke-free premises, and signs are also expected in smoke-free vehicles. Check the current signage requirements on gov.uk before you order, and make sure signs are not obscured by notices, posters or seasonal decorations. 5. Communicate, train and review. Share the policy with every employee, include it in induction for new starters, and brief managers on how to handle breaches consistently. Review the policy at regular intervals, particularly if you move premises, change your vehicle fleet, or update your approach to vaping, so that it stays aligned with how the business actually operates.

Common questions

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Common questions

Q Is a written no smoking policy legally required?
The Health Act 2006 makes enclosed workplaces smoke-free and requires signage, but it does not force employers to issue a separate written policy. In practice, most businesses have one anyway. A written policy shows how the organisation meets its duties, supports fair and consistent disciplinary decisions, and makes expectations clear to staff, contractors and visitors from day one.
Q Does the policy need to cover vaping and e-cigarettes?
Vaping is not covered by the statutory smoke-free rules, so the law does not automatically ban it indoors. That leaves the decision to the employer. Many businesses choose to treat vaping in the same way as smoking for practical reasons, while others allow it in specific areas. Either way, the policy should state the position clearly so there is no confusion.
Q What about company cars and work vehicles?
Vehicles used for work by more than one person are generally required to be smoke-free, and separate rules apply to vehicles carrying anyone under 18. A purely private vehicle that is never used for work by others sits outside these rules. Your policy should set out the position for pool cars, vans and any vehicle where staff share driving duties.
Q Can an employee be disciplined for breaching the policy?
Yes, provided the policy is clear, properly communicated and applied consistently. Breach of a workplace rule is usually handled through the normal disciplinary procedure, with the seriousness of the sanction depending on the circumstances. Serious or repeated breaches may justify more significant action, but employers should follow a fair process and consider any mitigating factors before taking steps.
Q Do we have to provide an outdoor smoking area?
No. There is no legal duty to provide a designated smoking area, and some employers decide not to. If you do choose to offer one, think about its location, whether it affects non-smoking staff or customers, and how breaks will be managed so the arrangement is fair. Whatever you decide, record it in the policy so expectations are consistent.
Q What penalties apply for breaching the smoke-free rules?
Offences under the smoke-free legislation can lead to fixed penalty notices or prosecution, affecting both individuals who smoke in prohibited areas and those responsible for the premises or vehicles. The amounts change from time to time, so check gov.uk for the current figures. A clear internal policy and proper signage are the most practical ways to reduce the risk of enforcement action.
Q Does the policy apply to visitors and contractors?
It should. The smoke-free rules protect everyone on the premises, not just employees, so your policy needs to extend to clients, visitors, delivery drivers, agency workers and contractors. Reception signage, visitor sign-in notices and site induction briefings are common ways to communicate the rules. Contractors working on site for longer periods are often asked to acknowledge the policy as part of their engagement.
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Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.