UK Smoking Rules in and Out of the Office

Smoking in the office and in any UK workplace has been against the law since 2007. But some employers are laying down rules on smoking far beyond the requirements of the smoking ban.

Is Smoking Completely Prohibited in Workplaces?

Smoking is prohibited in the workplace in public areas that are enclosed. This can include whole enclosed and substantially enclosed areas. For example, smoking in public bars is prohibited but there may be outdoor areas such as partially enclosed outdoor balconies or gardens where smoking is permitted. But where private businesses are concerned the decision whether or not to permit smoking in partially enclosed outdoor areas will come under the discretion of the employer.

What Happens if an Employee is Caught Smoking at Work?

There are different steps an employee can take if an employee is caught smoking at work. The first step could simply be a reminder that they are breaking the law. The second step could be disciplinary procedure such as a warning with the offence noted in the employee’s file. The employer could be fined if they allow anyone to smoke on smoke free business premises. There have been actual cases where employers have dismissed people who have smoked on business premises and broken the smoking ban.

Who Enforces the Smoking Ban on Business Premises?

The employer should be the person who enforces the smoking ban. If there is suspicion of smoking on business premises with the permission of the employer then Environmental health officers can be called in to investigate. Fines for smoking in smoke free business premises can range from between £200 and £2500.

What Other Smoking Rules can Employers Implement?

It is becoming more common for employers to place certain restrictions on employees who do smoke. Some major businesses will not allow employees to smoke when they are wearing a business uniform. This also includes after or before work hours if employees are in uniform. Employers can also stipulate how far away from business premises employees must be before they can smoke. Employees have been disciplined and dismissed for breaking these stipulations.

Can Employees Refuse to Hire Smokers?

Although it does sound like discrimination it is not against the law for employers to refuse to hire smokers. Even if the employee claims they will not smoke during work hours the employer can still refuse to hire them. One employee in the UK was dismissed 15 minutes after being hired after employers found out that she smoked. This may seem like discrimination but employers are perfectly within their rights not to hire smokers.

Are the Smoking Rules Being Taken too Far by Employers?

Smoking has become a hot topic health issue in the UK. The consequences for breaking the smoking ban can be severe, especially for employers. Two luxury hotels in Scotland recently applied a rule that threatened employees with dismissal if they arrived at work and smelt of smoke. This rule applies to the hotel’s hundreds of members of staff and the rule does go well beyond the actual requirements of the smoking ban.

Are Business Vehicles Included in the Smoking Ban?

Smoking is also prohibited on public transport, taxis and business vehicles. Many employers have laid down rules that include no smoking in business vans outside of working hours. British Telecom have stipulated that 100,000 of their employees both in and outside of the UK are banned from smoking in any vehicle bearing the BT logo. Denbigshire council in Wales has implemented a smoking rule that bans all employees from smoking within working hours, even if they are smoking in their own cars.

Is a Complete Ban in and Out of Work Hours the Right Answer?

Banning employees with extreme measures such as ‘no smoking in uniforms outside of working hours’ does seem extreme. Although many employers are in favour of these extreme measure this type of blanket ban is causing stress in the workplace. It has been found that this type of stress has actually led to a decrease in efficiency and productivity in the workplace. Workplace smoking policy should be set out after rational decisions are made. The ideal scenario is that employers would consult employees to formulate a workplace smoking policy that actually works.

What Sort of Workplace Smoking Policy Could Work?

A blanket ban on smoking during work hours, outside of the business premises is not ideal. Many employees have been smoking for decades and are addicted. There is nothing to stop employers from identifying outdoor smoking areas and setting designated smoking breaks. Blanket bans should be considered as a last resort not the first option.