Smoke-Free Policy Writers

Smoke-free policies set out how a business complies with laws that ban smoking in enclosed public spaces and workplaces.

These HR policies help create a safe, healthy and respectful environment for all employees, visitors and contractors.

What Do Smoke-Free Policies Cover?

A smoke-free policy typically includes:

A ban on smoking in all enclosed or shared workspaces
Use of designated outdoor smoking areas (if provided)
Rules around smoking breaks and working hours
The inclusion of vaping or e-cigarettes
Support for employees who wish to stop smoking
Disciplinary action for non-compliance
Signage and communication responsibilities

UK law prohibits smoking in nearly all enclosed or substantially enclosed workplaces under the Health Act 2006. Employers must display no-smoking signs and ensure compliance.

A clear policy helps prevent disputes, protects employee health, and ensures the business meets its legal duties.

Legal Basis

Smoke-free workplace law in the UK is set by four pieces of devolved legislation: the Health Act 2006 and Smoke-free (Premises and Enforcement) Regulations 2006 (England), the Smoking, Health and Social Care (Scotland) Act 2005, the Public Health (Wales) Act 2017, and the Smoking (Northern Ireland) Order 2006.

Together they prohibit smoking in virtually all enclosed and substantially enclosed workplaces and require employers to display compliant no-smoking signage at every public entrance.

Vaping and e-cigarettes are not covered by the smoke-free legislation. Employers may permit, restrict or ban vaping at their discretion, but the policy must say so explicitly.

The Tobacco and Vapes Act 2025 introduced a generational sales ban (anyone born on or after 1 January 2009 cannot legally be sold tobacco) and tightened restrictions on vape advertising and flavours.

Employers running customer-facing premises should reflect these restrictions in their policy.

Common Compliance Pitfalls

Outdoor smoking shelters that are too enclosed. A shelter with three walls and a roof can be classed as "substantially enclosed" and therefore subject to the smoking ban.
Silent on vaping. Most disputes Policy Pros sees on this topic are about vaping, not tobacco, yet many policies do not mention it at all.
No reference to fire safety. Where smoking is permitted outdoors, the policy must cross-reference the fire risk assessment and the disposal of smoking materials.
Treating breaks inconsistently. If smoking breaks are unpaid for some staff but tolerated for others, that is a discrimination and grievance risk.
Out-of-date statutory references. Policies still citing the original 2007 commencement orders or referencing only "the Health Act" without the devolved equivalents are flagged on most CQC, Ofsted and ISO 45001 reviews.

Sector-Specific Considerations

Healthcare and care services: NHS premises and most CQC-regulated care providers operate fully smoke-free sites with no outdoor smoking permitted. Mental health units have specific provisions and risk-assessment requirements.

Hospitality and retail: Customer-facing premises must enforce the ban for both staff and customers, train staff on intervention procedures, and align signage to the Smoke-free (Signs) Regulations 2012.

Construction and on-site work: Site offices, welfare units and vehicle cabs are workplaces. Policies should specify rules for shared vehicles and welfare cabins, and integrate with the site induction.

Schools and education: The Children and Families Act 2014 prohibits smoking in private vehicles carrying under-18s, and most settings extend this into a no-smoking-anywhere-on-site rule.

What Policy Pros Delivers

Our Smoke-Free Policy package includes the main policy document, vaping addendum, signage compliance checklist, fire-safety cross-references, designated outdoor-area risk assessment template and a manager briefing note.

The policy is aligned to the Health Act 2006 and devolved equivalents, the Tobacco and Vapes Act 2025, and HSE guidance, and it integrates with your wider HR, fire safety and disciplinary procedures.