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Posted By Paul Elliott
My employer (Local Authority) introduced a 'No Smoking Policy' some three years ago. The policy controversially states that emploeeys are prohibited from smoiking whilst they are at work. Quite simply if you're getting paid you can't smoke, no matter where you are or what you do. There are no designated smoking areas anywhere in the organisation. Employees can only smoke in thier own time and away from any of the authorities premises. As can be imagined this policy is constanlty being questioned by smokers who feel that they are being mis-treated. An example of this is an employee who is travelling from one site to another in their own private vehicle without passenger(s) is prohibited from smoking.
Does an employer have any duty toward smokers?
Does an organisation have to provide smoking areas?
Do smokers have any rights?
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Posted By Eric Burt
Paul
Whilst it is true that smokers don't really have any rights at work (as smokers), the issue of smoking cannot be tackled in isolation. It is rather optomistic to think that by introducing a NO-SMOKING policy, employees will give up smoking, therefore issues of stress at work and covert smoking will have to be considered. Consider staff working in a particularly stressful job such as Social Worker - are we seriously going to tell them that they must go for hours without a cigarette, particularly after a stressful incident? Also, it is far better to control smoking by the use of smoking rooms etc than have employees smoking in store-rooms, toilets etc. It also looks poor when you see smokers huddled in a doorway at the entrance to a building.
There is some case law from an Employment Tribunal where an employee tried to claim that she had been constuctively dismissed when her employer introduced a no-smoking policy, but it was rejected by the ET.
Incidentally, I am a non-smoker...
Eric
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Posted By Dave Wilson
Bit of a minefield here, In essence an employer can conduct their business as and how they see fit as long as they do not infringe on a persons human rights or break the law both criminal or civil.
Employers are well within their right to prevent someone from smoking at work as part of their T&C of contract and if they infringe on this then it is an HR disciplinary matter, not safety unless it is expressly forbidden as in some industries etc.
Tried this and the amount of 'secret tabbing' caused more safety problems that it actually saved so went back to limited smoking in designated controlled areas.
I am a smoker but agree with an employers rights. Remember the passive smoking caused me asthma etc etc and in todays climate where there are the legal ambulance chasers about may be a wise decision?
Dammed if you do and dammed if you dont!
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Posted By Laurie
Not entirely relevant to the case described here, but there was a case some time back where an employee was smoking in his own car, in his own time, but in a company car park.
The company had a no smoking policy.
He was dismissed, took action for unfair dismissal, and lost
Laurie
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Posted By Tom Chen
Agree with others' opinion. Employer can set any policy if not infringe the rights of employees.
I am not a smoker, but I think it would be better if employer can spare a smoking room for smoker. At first glance, allow smoker to smoke at work time will occupy work time. But remember, a person who get used to smoking will feel uncomfortable if they are prohibited to smoke for a long time. And this situation really will affect their working efficient.
Tom
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Posted By Paul Adams
I am a smoker, my employer has a policy of no smoking within the building which I fully support - An outside smoking area is provided. If smoking on the premises were not permitted, then I would leave the premises during my break/lunch hour to smoke. If this was unacceptable to my employer, I would be inclined to take my talents and my addiction elsewhere. I think that for an employer to tell you that you can't smoke in your own car because you are working i.e. travelling between sites, is draconian and also unenforcable. As always, LA's are at the forefront of political correctness.
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Posted By Neal Robertson
As both a smokjer and the person responsible for maintaining my company smoking policy and for promoting health awareness / routes to give up smoking, I can see both sides of the argument. We operate a total ban in the premises, smoking is only permitted in official breaks, which works fine.
At my last workplace smoking was permitted at any time in designated areas. This wasn`t as generous as you may think, because 90% of staff were working on piecework - more fag breaks = less pay. The supervisors and managers kept an eye out for flagrant abuses and again the system worked.
In short, it is up to individual employers to consult with employees and find a system which is fair to employees and to smokers. I find the policy described in the original posting an over-reaction, and I`ll bet it was imposed with zero employee consultation.
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