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Ban on smoking in offices
Q:“We offer smoking facilities in the building and allow staff to take additional breaks. I am unsure about what to do and am considering putting a stop to all breaks, except lunch.
A:The ban on smoking in enclosed public spaces, which includes the workplace, comes into force in England on July 1.
All enclosed spaces where people congregate for work or pleasure – such as offices, pubs and even private clubs – are included. Your smoking facilities will become illegal because they are enclosed spaces. If you wish to allow employees to smoke, they will need to leave the building and smoke outside.
Allowing staff who smoke to have additional breaks may be unfair. One way to resolve the problem could be to allow non-smokers an equivalent break or to extend the working day of those who smoke by the length of two breaks. A further option would be to stop both morning and afternoon breaks.
The first option, to allow non-smokers equivalent breaks, shouldn’t be controversial and could easily be introduced. Extending the working day or removing the smokers’ breaks is likely to be more controversial. Therefore negotiate with your workforce about any changes to their conditions. You may need to offer some form of compensation such as additional holiday or extra pay for its loss. To remove the right to these breaks unilaterally would almost certainly result in tribunal claims”
