Don't fire without smoke

April 30, 2007

The ban started in Scotland on 6 March 2006. Wales went smoke-free a year later on 2 April 2007. Today Northern Ireland goes smoke-free and England will follow on 1 July 2007.

The ban, imposed under the Health Act 2006, covers premises which are "enclosed" or "substantially enclosed". Substantially enclosed means premises where at least half of the floor area has a roof.

The premises covered are those open to the public and work places. Work places include vehicles used for work.

Employers are obliged to display signs stating that smoking is banned in smoke-free premises and vehicles.

So what are the penalties for employer misconduct such as failing to display the smoke-free signs? Employers could face a fine of £1,000 for failure to display the signs. If an employer fails to enforce the smoking ban, the fine could be up to £2,500.

An employee who disobeys the smoking ban should be disciplined for misconduct. Depending upon the amount of information on the smoking ban available in the work place and previous warnings, an employer may dismiss an employee who smokes in defiance of the smoking ban.

Employment Tribunals are likely to deem dismissal a penalty which is within the range of reasonable responses. Therefore, dismissal in these circumstances is likely to be a fair (as opposed to an unfair) dismissal.

However, employers are cautioned to ensure they have all the information available before dismissing an employee for breaking the smoking ban. Therefore, don't fire without smoke.



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