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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

How many cigarette breaks while at work?

64 replies

Booboostoo · 16/04/2013 09:12

OK this is driving me bonkers and I need some perspective.

I have a nanny/groom who works 9-12 and 2-5. She smokes which I knew before she started and we agreed that she would not smoke around DD (she doesn't smoke around the horses either as it's dangerous when handling them and also hay is very flammable).

I am annoyed that she takes so many cigarette breaks. Typically she arrives for work at 9am but has a cigarette break straight off so she can't help out until 9.15. She then takes another cigarette break somewhere in the middle of the morning and tries to leave at 11.45 to have another cigarette break (she doesn't smoke in her car, but only lives 5 minutes drive away so I don't know why she doesn't smoke at home). Same thing in the afternoon, has a cigarette break as soon as she arrives, another one in the middle and one before she leaves.

She smokes so often she now smokes around DD on walks - DD on one hand, cigarette on the other. She is trying to hide the cigarettes from DD but I don't see how this will work longterm.

She did say when she started work that she was trying to quit but that was two years ago and if anything she smokes a lot more now. I appreciate smoking is addictive and she doesn't have control over it and I don't smoke but AIBU? Should I just live with it?

OP posts:
MusicalEndorphins · 16/04/2013 09:33

From en.wikipedia.org/wiki/Break_%28work%29
"In the United Kingdom the law states that employers are legally required to provide at least a 10-minute break for every four consecutive hours worked and that a person must not work more than four hours in succession. When working in a restaurant environment, staff can be required to work up to six hours straight before having a break but must be given at least 20 minutes break for each six hours worked. Employers are not allowed to make a member of their staff take a break earlier in the shift then work more than four consecutive hours or six consecutive hours in one go without a further break; for example, if an employee was working ten hours the company could not give him twenty minutes' break two hours into the shift and then expect the employee to work the rest of the shift without a further break."

Iwantmybed · 16/04/2013 09:35

If you allow breaks at all they do not need to be any longer than 5 mins. Yes she's taking the piss and will continue to do so until stopped.

SchroSawMargeryDaw · 16/04/2013 09:39

I've only ever smoked before work and one on a break (break that everyone else is taking too). I haven't worked in a couple of years but surely people aren't now allowed more time to smoke?

Btw, walking with your DD, holding her hand and smoking with the other is actually disgusting. I wouldn't do this with my own child and I have no idea why your Nanny would think this was okay. Confused

flowery · 16/04/2013 09:41

Good grief, please don't get employment law from wiki!

Breaks are 20 minutes for shifts of longer than 6 hours.

OP if you want to keep her I'd give her a chance to sort this, and be clear that she is not to either take breaks during her 3 hours, and must smoke before and after, is to start work on time at 9, not at 9.15 and under absolutely no circumstances must she smoke while caring for DD.

specialsubject · 16/04/2013 09:59

sack. Reason - not doing enough work and breaking your conditions. Clearly she is completely ruled by the stinky-sticks and not concentrating on much else.

plenty of people do give up smoking so it is not an incurable addiction. This might encourage her to get help.

BegoniaBampot · 16/04/2013 10:03

how can you trust her judgement. what kind of person whose job is with children, thinks it's acceptable to smoke around children. i'm surprised you seem more concerned with the fag breaks than that TBH.

Booboostoo · 16/04/2013 10:07

Sorry I should have said that we are in France. Almost no one works 12-2 here, it's the sacred lunch hour!

I am not sure how easy it would be to find someone else. It's very difficult to find someone with adequate grooming skills - not that childcare is not important but I am around all the time for that so she's not left sole charge and I can keep an eye on things.

She wants to leave anyway in a few months so I might look to see if someone from the UK wants to come over but it's such a big move we'd need to find someone who was fairly committed.

OP posts:
LtEveDallas · 16/04/2013 10:12

There are no 'official' breaks in my job. Somkers can nip outside and spark up whenever they want - I reckon it's probably once an hour for 5 mins at a time.

Put the smoking aside for a moment. Is she good at her job? Do you like her? Does your child like her? Does she give you value for money?

If you cant say yes to the above and don't want your employee smoking then you have no choice but to give her notice, and specify a non-smoker when employing someone else. You bought this on yourself really by not doing that in the first place.

AnyFucker · 16/04/2013 10:14

ok, fair enough re the mid day break

the rest...not so much

erm, I can think of quite a few UK teenagers that would jump at this chance, but likely only for short periods

arabesque · 16/04/2013 10:38

There are no official smoking breaks where I work either. Most people don't take the piss but some really do and seem to spend more time outside smoking than inside actually working. People also round each other up to go on smoking breaks and have turned it into a social occasion, often being gone for up to twenty minutes at a time. They will probably be the first ones to moan if an official policy is put in place even though its their carry on that will have prompted it in the first place.

Booboostoo · 16/04/2013 11:30

I've had a chat with her and said that since DD is now copying behaviours and is more impressionable she mustn't smoke around her at all and also mentioned that she can smoke before she comes for 9 and after she leaves at 12. Hopefully that will sort things out.

It's very difficult to have someone come over for short periods of time because I need to take the time to show them how to do the horses and it's not worth it if they only stay for a few months. The horses are competition horses and require someone with some experience so I don't think it would be suitable for a teenager.

OP posts:
waikikamookau · 16/04/2013 11:38

I was imaging it was a teenager

waikikamookau · 16/04/2013 11:38

imagining

mrsjay · 16/04/2013 11:41

I work with children and I am not allowed to smoke an hour before I come into contact with them some sort of EU law ( i think) anyway your employee is breaking your job description no smoking with your child or near your horses a break is just that a break she isn't taking breaks she is taking the piss

Locketjuice · 16/04/2013 11:45

I have always smoked and that's taking the piss.

D0oinMeCleanin · 16/04/2013 11:53

There are no official breaks at my work place either, there should be really, in the evening shifts, due to the hours worked but it's a fairly laid back, small family run business.

When there are no customers in and everything has been wiped down/stocked up, we can sit and drink coffee, watch TV and chat to our hearts content. No-one minds, so technically, if we kicked up a fuss the manager could easily argue that the majority of our shift is a 'break' and could start making us actually work while we are at work Shock Wink

We can nip out as and when, but of the four smokers (including myself) no one nips out within the first few hours of being on shift and no one goes out for more then five minutes an hour.

Wheresmycaffeinedrip · 16/04/2013 12:08

That's taking the piss. Breech of conditions and god it's three hours. Have one before and one after each shift. No need.

TheCatIsUpTheDuff · 16/04/2013 15:37

When I smoked, I'd have one walking to work, one about 11:00 while the kettle boiled, one or two on my lunchbreak, one mid-afternoon, and then another one walking home at 5.30. I'd only have more if the boss invited me outside!

mrsjay · 16/04/2013 15:44

by her an e cigarette while she works if she is that addicted Wink

mrsjay · 16/04/2013 15:44

buy*

LimitedEditionLady · 16/04/2013 15:55

Omg you pay this woman?i smoke but my boy doesnt know i smoke,i hate it when people smoke next to kids,push prams with a cig etc.have you actually told her not to smoke?if you never told her then you should at least warn her of it.im a soft touch so id say if circumstance allowed have a cig half way through but thats if it was pheasible and im just soft.

poopnscoop · 16/04/2013 17:17

As an owner of a childcare business I have a staff member who smokes, and she is at work for ten hours... she has breaks but is not allowed to smoke during them.. she knew this when she signed up. She is also not allowed to smoke for at least one hour before starting work. Like it or lump it, the children's health and safety come first and as a childcare provider, having a staff member blowing fumes into a baby she is cuddling is a big no no.

I hope she takes on board what you have said OP!

EMUZ · 16/04/2013 17:40

I have a horse and smoke but no DC Smile
I probably would have a cigarette mid morning and mid afternoon on the hours you describe but I wouldn't be smoking near children or on the yard. If I am at the stables and I nip for a cigarette it takes me literally 3-4 minutes. And the leaving at 11.45 to have one is taking the mick, I can literally be gone and back before anyone notices!

Tuppence2 · 17/04/2013 07:48

I work 8.30 til 4.30 and my boss sent round an email saying we could have a maximum of 2 15 min breaks (not inc lunch break) 1 at 10ish and 1 at 2ish. This is when I usually go for a cigarette break if I'm not too busy.
but I also arrive and start work at 8am, so technically do half an hour extra each day. My boss has noticed this and appreciates it, as I am the only smoker.
It does sound as if she is pushing to see what she can get away with.

livinginwonderland · 17/04/2013 08:17

my job doesn't have cigarette breaks. if you want to smoke, do so before you start/when you finish, or on your entitled breaks.