Smoking
Q We have introduced a no smoking policy throughout our company premises but some of our employees are claiming they have a right to smoke as we have allowed them to do so up until now. Who's right?
A There is no legal right for smokers to be allowed to smoke, even through custom and practice. There may be a right to take regular breaks as a result of custom and practice if regular breaks were permitted for all staff at fixed times.
Q With the smoking ban in England I am concerned about some of my employees who use their own personal vehicles for work purposes, including giving colleagues lifts to client premises. I know some of these employees smoke, but do I have to ban them from smoking in their own vehicles?A You have a duty to protect the health of your non smokers and therefore would have to impose a ban on smoking in all vehicles when being used for company business. Such a policy is obviously going to be very difficult to monitor and you are likely to be reliant on other staff members complaining about it! Furthermore, you obviously have no right to ban smoking in these vehicles in their own personal time, or if giving people a lift to a regular place of work (assuming this is a private arrangement). |
