E-CIGARETTES AT WORK

FEBRUARY 2015

E-CIGARETTES SHOULD BE INCLUDED IN YOUR NO SMOKING

POLICY

As more and more people turn to e-cigarettes to curb their nicotine addiction, now is the time to review your company’s no smoking policy.

POINTS FOR ACTION:

The decision is a timely reminder to all employers that if they have not

already done so, they should decide whether to allow employees to smoke

e-cigarettes, personal vaporizers (PVs) or electronic nicotine delivery

systems (ENDS) in the workplace or ban them as they would ordinary

smoking implements and update their no-smoking policies accordingly.

Employers may want to put up signs or notices in the workplace which

make it clear where smoking is allowed (if this is the case) and where it is

banned. These should include rules for cigarette smokers and rules for e-

cigarette smokers.

Smokers should generally aim to maintain the same amount of break time

as colleagues who do not smoke. However employers may also wish to

consider setting out rules about smoking breaks, including how many can

be taken, how long the break may last and any requirements about

covering the work whilst on a break.

NON COMPLIANCE

It should be made clear in the rules that any unauthorised or excessive

taking of smoking or e-smoking breaks will result in disciplinary action.

It should be made clear that any smoking of cigarettes or e-cigarettes in a

prohibited area at work will result in disciplinary action.

Employees should be reminded that it is a criminal offence, which will

attract a fine, to smoke in a designated smoke free public area.

HRizon’s support service is a fully outsourced

solution, requiring minimal input from your

internal resource leaving you to get on with

the day job.

Can you afford not to leave it to the experts?

CASE STUDY

In one of the first cases

concerning the use of e-

cigarettes in the workplace, an

Employment Tribunal has found

in Insley v Accent Catering that a

school catering assistant who

resigned ahead of a disciplinary

hearing for “bringing the company

into disrepute by smoking an e-

cigarette on school premises in

full view of the students” had not,

on the facts, been constructively

dismissed.

Of greater interest for employers

is that the Employment Judge

went on to comment that had the

employee not resigned when she

did but had then been dismissed,

the dismissal may well have been

unfair because CCTV footage

concerning the incident had not

been shown to the claimant and,

more significantly, the school did

not have a policy on the use of e-

cigarettes.

E-CIGARETTES AT WORK

KEY POINTS

E-cigarettes fall outside the scope of smoke free legislation as the act of

smoking requires a substance to be burnt, so employers can choose whether

to allow employees to smoke them at work or not. However consideration

should be given to the effect this may have on non-smokers.

ALLOWING THE USE OF E-CIGARETTES AT WORK

Some employees use e-cigarettes as part of a plan to stop smoking, so

employers may want to support their use if this is the case.

However, the vapour from E-cigarettes might be annoying to some

employees and could potentially provide a health risk for others through

passive consumption (like passive smoking) as the long term health effects

of e-cigarettes are unknown.

Some e-cigarettes look very similar to real cigarettes so employees or

customers may think that real cigarettes are being smoked in the

workplace. If smoking e-cigarettes is allowed at work, line managers should

be aware of who may be smoking them within their teams. It is best to make

it a rule that line management approval is needed to smoke e-cigarettes in

the workplace.

If e-cigarettes are permitted, some employees may argue that real

cigarettes should be allowed too.

FORBIDDING THE USE OF E-CIGARETTES AT WORK

There may be a concern that preventing the use of e-cigarettes at work may hinder those who use them to stop smoking,

particularly if they are required to smoke them in designated smoking areas together with cigarette smokers. Employers

may want to consider organising a separate e-cigarette smoking area external to work premises.

SUPPORTING EMPLOYEES TO STOP SMOKING

Giving up smoking is difficult and employees often need support to succeed, employers can help by signposting them to

appropriate help and support. This could either be through an internal occupational health service or through the NHS

smoke free service.

How can we help you?

At HRizon we appreciate that you want to focus on the ‘day job’ and that in most instances you will have neither the time

nor inclination to get involved in the complexities of developing a no smoking policy so we are offering a fully outsourced

service to guide you through the process and take the workload off your desk.

Contact Us

HRizon Limited

35 St Paul’s Square,

Birmingham,

B3 1QX

07551 007591

enquiries@hrizon.co.uk

www.hrizon.co.uk