No Smoke – Without Firing Employees

Rolling Stones Ronnie Wood and Keith Richards made the headlines recently for repeatedly flouting England’s new law banning smoking in public places. Despite the fact that 20,000 fans saw them light up during the concert at the O2 Stadium in Greenwich, Greenwich council have said that they will not prosecute as no complaints have been received from the public.

But does this give the wrong message to employees that if no-one complains, they will get away with smoking in a public place?

The smoking ban that came into force in England on 1 July 2007 made it against the law for people to smoke in enclosed public places and work places in England.

The authorities have been reluctant to refer to this as a “ban”, preferring to point to the fact that people are still allowed to smoke outside, at home or in their own space. However, as smokers across the country have been finding out in recent weeks, the new law prevents smoking in all manner of places including pubs, bars, shops, cafes, offices, warehouses, corridors, basements, marquees, company cars and bus and train stations.

Leaving the politics and the spin aside, the ban heralds an exciting new dawn for non-smokers, as much as it represents a stormy rain cloud (quite literally) for many that do smoke.

Leaving aside considerations of trade and custom, what does all of this mean for the relationship between employers and employees?

Anyone found guilty of smoking in smoke-free premises will be liable to pay a fixed penalty of £50 or a fine of up to £200 on conviction by a Magistrates’ Court. In addition to this, if you are an employee in breach of Company rules on smoking you could face disciplinary proceedings, possibly leading to dismissal.

Employers also face stiff financial penalties and will be liable to pay a fine of up to £2,500 for failing to prevent customers and employees smoking in smoke-free premises. It is also important to display non-smoking signs as failure to do so can lead to a fine of up to £1,000. There are very limited exceptions allowing smoking so employers should take advice if they consider that they are in a special category.

It may well be that authorities will not enforce the ban by issuing penalties at this stage but if a member of the public complains the likelihood is that employers and employees could both face a fine and employees would be risking their job.

Employers must have a non-smoking policy in place so that staff know what is expected of them. This is particularly important in the leisure industry where staff managing bars and nightclubs will be at the front line of preventing smoking on the premises – a tough job which will not be made easier by reports of rock stars getting away with smoking on stage. Ultimately, though, the ban is about protecting public health and aims to save thousands of lives so there is more at stake than a financial penalty.

Published 20/08/2007.