For more information about no-smoking policies and how best to implement one into your employee handbook get in touch with our Employment Law team today on 0330 912 8338.
Introduction to No-smoking Policy
As a matter of law employers must give their employees a written document which covers the key terms of the employment relationship. On top of this, it’s good practice for employers to have a staff handbook which includes the non-contractual policies and procedures. The staff handbook will sit alongside the employee’s terms and conditions of employment and the employer can use it to manage situations within the workplace and help avoid disputes.
No-smoking Policy
In 2007 smoking was banned in enclosed public places and workplaces. The ban covers all substances which a person can smoke, and includes the smoking of manufactured and hand-rolled cigarettes, pipes, cigars and herbal cigarettes. The definition of “smoking” is quite broad to the extent that anyone found in possession of a lit cigarette, cigar or pipe is deemed to be smoking, whether they inhale or not. If anyone is found smoking in an enclosed space at work, they and their employer can be fined.
Most employers enforce a blanket ban across their premises, so that’s how we’ve worded our Non-Smoking Policy. But as an employer, you can allow smoking in certain outdoor spaces if you wish.
Electronic and vaping are almost certainly not covered by the statutory smoking ban as they involve the inhalation of vaporised mist containing nicotine, rather than the by-product of anything being burnt. But we’ve included them anyway as most employers will want to ban the use of these as well.
We’ve prepared an example No-smoking Policy, which you can see by clicking here. You’ll need to tailor your policy to ensure that it meets your needs, but this is a good place to start.
This article and the policy are provided for general information purposes only and you should take specialist advice in relation to specific circumstances. Whilst we endeavour to ensure that what we say is correct, no warranty, express or implied, is given as to its accuracy, and Atkins Dellow LLP does not accept any liability for error or omission.
Atkins Dellow help clients all over the UK with legal matters including implementing concrete sets of policies as part of Employee handbooks. Every employer should have one. For more information get in touch with our team today on 0330 912 8338.
