Date published: 01.09.08 - not release date

Consult staff on smoke breaks, DWF solicitors tells employers

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DWF333/06
4 December 2006

Consult staff on smoke breaks, DWF tells employers

Employers should bring smoking and non-smoking workers together to agree an acceptable policy on smoking before the ban is introduced on 1 July 2007, says law firm DWF.

The new rules will make it unlawful to light up in workplaces, public places and even company cars and employers who fail to comply could face fines of up to £2,500. The ban will be introduced in Wales on 2 April.

Stephen Robinson, associate with DWF says companies should develop a policy that is in line with the law and has the support of all employees: “While there's no automatic right to a smoke break, some people will still want to smoke during working hours. Employers must balance their wishes with those of non-smokers who often believe smokers enjoy more rest breaks.”

He says the policy should state that it has been developed following consultation with staff to help provide a safe and healthy workplace and that it applies to all employees and visitors including contractors and workmen.

It should say what arrangements have been put in place for smokers such as ‘smoking shelters’ outside the premises but make it clear that smoking breaks aren't an automatic right and leaving butts is unacceptable.

It should also give guidance on how managers should handle smoking in the workplace and what disciplinary action may be taken. In addition, employers should display no smoking signs and consider providing support to smokers who want to give up.

“Employers who do not enforce the ban may not only face fines, but also employment tribunal claims and in the long term even personal injury actions,” adds Robinson. “Having a clear policy which is communicated to staff and enforced by the employer should minimise these risks.”


Notes to editors:

DWF is one of the fastest growing law firms in the UK, with over 370 legal advisers (including 70 partners) and 595 people based in Manchester and Liverpool. DWF provides a range of services grouped under the following practice areas:

Corporate
Banking & Finance
Litigation
Real Estate
People
Insurance

DWF has developed extensive sector-specific expertise in a number of areas including: automotive, education, food and resourcing. Further information on DWF is available via www.dwf.co.uk

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