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Smoking ban and the implications for employers

The smoking ban came into force in England on 1 July but many employers are confused over what is expected of them under the regime.

Under the Health Act 2006 smoking is now banned in enclosed public spaces, workspaces and certain vehicles. Those with exclusive use of a company car can smoke, but in pool cars, smoking is prohibited, as it is in enclosed vehicles used by members of the public or by more than one person in the course of paid or voluntary work even if those persons use the vehicle at different times, or only intermittently.

The new law also demands that no-smoking signs of a specific size and format are erected at various entrances to smoke-free premises. Breach of the legislation is a criminal offence and different penalties apply.

The penalties include a fixed penalty of £200 or prosecution and a fine of up to £1,000 for failure to display appropriate signs; employers may be prosecuted and face a fine of up to £2,500 for failing to enforce the ban; individuals are also liable for a fixed penalty of £50 or prosecution and a fine of up to £200 for smoking in a smoke-free area.

Employers who fail to comply with the smoking ban could also find themselves hit with employment law-related claims from disgruntled non-smoking employees.

Employers should adopt a Smoke-free-Policy outlining the restrictions on smoking and how non-observance will be dealt with and should amend their disciplinary policies to include smoking as an example of misconduct.