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| A Right to Smoke at Work |
Even when smoking has been permitted for many years, it is
not a contractual right.
Employers are entitled to make rules for legitimate purposes
this includes introducing a complete smoking ban
Even if a smoking ban is impossible to comply with for some individuals,
a ban is still lawful.
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Many employers allow smoke breaks, however they have no legal
obligation to do so.
There is no legal obligation to provide smoking facilities or
a smoking room
If an employer grants ‘smoking breaks’ to smokers,
they have no obligation to offer equivalent breaks to non-smokers.
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Employers have a contractual duty to ‘provide and monitor….so
far as it is reasonably practicable, a working environment which
is reasonably suitable for the performance of their duties’
Employers who fail to address the issue of smoking in the workplace
effectively are opening themselves up to the potential threat
of legal action including costly compensation claims in the future.
There is now overwhelming evidence supporting the dangers of
second hand smoking. Employers can no longer claim to be unaware
of the risks posed by second hand smoke.
Tobacco smoke in the workplace is a hazard, which needs to be
assessed like any other workplace hazard. By not taking adequate
steps to reduce the danger, an employer will be in breach of their
duty. They cannot wait for an employee to become ill before action
is taken. If second hand smoke exists in the workplace the employer
must carry out a risk assessment.
The safest course of action an employer can take is to implement
a no smoking policy in the workplace to protect the right of all
employees to breathe smoke free air.
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For more information about the legal issues
about smoking
contact Pannone and Partners Solicitors on 0161 909 3000
or visit www.pannone.com
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