Employers Guide To The Smoking Ban
Q. When does the smoking ban come into effect?
A. As from the 2nd April 2007 in Wales and the 1st July 2007 in England
Q. Once the ban comes into effect, where can people smoke?
A. Smoking in all indoor public places will be banned. Smokers will still be
allowed to light up outdoors, in their home or places considered to be 'homes',
such as prisons, care homes and hotels. Smoking could still be banned at certain
outdoor locations that are 'substantially enclosed', such as football grounds and
railway platforms. No decision has yet been made on smoking inside cars carrying passengers.
Q. As an employer, will I be breaking the law if I allow my employees to have a
"smoking room"?
A. Once the smoking ban comes into effect (2nd April 2007 in Wales and 1st July 2007
in England) it will be illegal for employers in England and Wales to continue
with many current practices such as allowing employees to smoke in "smoking rooms'"
or segregating smokers and non-smokers within the building.
Q. How should I go about introducing a non-smoking workplace?
A. It is recommended that employers set up a task group. The task group should be
made up of employees from all level of the business, together with smokers and non-smokers.
The group should sit down together and look at developing a policy that is acceptable to
everyone, which will also include a timetable for its implementation.
Q. I am trying to encourage my employees who smoke to use this ban as an incentive to
give up. However, one of my employee's has stated that he does not wish to quit. Should
I allow him to smoke outside the office?
A. One option is to allow any employee who wishes to continue smoking to go outside the
building to smoke. However, this raises certain issues about the amount of time employees
are allowed away from their work station to smoke. This could cause difficulty with non-smoking
colleagues who may feel it is unfair if smokers get more breaks. If you allow employees to smoke
outside, then be careful about how this may look to clients and customers. You should not
allow employees to go on a cigarette break in groups and it is advisable to provide a bin for
them to dispose of their cigarettes, rather than them leaving cigarette butts behind. Whatever
you decide to do, it is important that any policy is communicated to all staff.
Q. What are my legal requirements as an employer, and what are the penalties if I do not comply?
A. Employers are required to display non-smoking signs in their workplaces. Local authorities
can check premises and issue penalty fines to employers if someone is smoking in their workplace.
Those in charge of the premises could face a £2,500 fine if they fail to stop someone smoking.
There are also "on-the-spot fines" of £200 for a failure to display no-smoking signs, with the
penalty increasing to £1,000 if the issue goes to court.
It is advisable that employers review their disciplinary rules and procedures and
ensure it covers any breach of the organisation's non-smoking policy and the likely sanctions.
Q. What will happen if an individual is caught smoking in an indoor public place?
A. Anyone caught smoking in a banned area could be fined £50.
Call Bethan Southcombe on 0117 9290451 or email bsouthcombe@metcalfes.co.uk for more information.
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published