Banning smoking on company premises
Banning smoking on company premises
Author
Discussion

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
I arrive at my workplace this morning - and there is a message to the effect that smoking on company premises is to be banned immediately...as of 3.10.05

I manage an off-licence, where historically, smoking has always been allowed for staff in the office area - and customers in the sales area. Tobacco sales are approx 20% of turnover...and much of the time the shop is run by a single member of staff.

I'm a heavy smoker myself - and last month was notified that a consultation period had begun as to make the position of branch manager redundant. To be replaced with a new job title and an average £4K drop in salary. I own my house...but a lot of managers live above the shop and are to lose this benefit as part of the restructuring process.

Since the majority of branch managers are smokers - could this smoking ban be considered as constructive dismissal?
And does anyone know if there's a legal requirement to give notice to introduce a smoking ban?

anonymous-user

77 months

Monday 3rd October 2005
quotequote all
Pretty soon the government will ban smoking in all workplaces anyway so your company are probably just preparing for the inevitable.

Our factory is non smoking, with just a smoking area outside (though it is undercover). We would like very much to ban smoking on the whole site but we'd probably face a revolt.

I am an ex smoker and therefore have some sympathy with you but unfortunately the law is changing and smokers have fewer rights. You are entitled to a 20 minute break for every six hours you work, but you are not entitled to a "smoking break"

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
Thanks for your reply

I've googled lots of bits and pieces about this - and a lot of them suggest that a consultation period needs to be in place...though I gather it's not compulsory.
However, it does lay the company open to accusations of constructive dismissal and discrimination.

Still trying to fathom out if it's legal or not.

Eric Mc

124,756 posts

288 months

Monday 3rd October 2005
quotequote all
Is this why you use a PH name called after a brand of pipe tobacco?

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
Eric Mc said:
Is this why you use a PH name called after a brand of pipe tobacco?


partly ...but it's also the name of a bird

Please can someone give me some legal tips on this

condor

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
[redacted]

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all

Eric Mc

124,756 posts

288 months

Monday 3rd October 2005
quotequote all
Filtered?

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
Eric Mc said:
Filtered?


Keep up!

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
This is the sort of banter I expect from the Pie and Piston ...not serious business forum.

Eric, as an accountant...I'm surprised at you

Now can someone please tell me if this is legal or not?
....or can I refer it to the Health and safety bods as I've been caused a massive amount of undue stress.

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
I reckon it's their premises, and their call. Especially as it must be for the general well being of all concerned. Most business premises have been non smoking for years.

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
It's certainly not the well-being of me...and since I mainly work alone ( apart from the mainly 'smoking' customers that walk through the door) and my smoking is confined to the office area where no customer is allowed to visit...I don't see the problem.
My 2 assistants, who also smoke, are usually paired together so they can alternate fag breaks between themselves.

Perhaps the way forward is to ask for extra hours for my staff...so that they can cover me for fag breaks

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
When I introduced a smoking ban I did introduce a smoking area just to help bed it in, and in the spirit of compromise.

.....I guess in your case that will be outside then!

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
..get with the times dude, I suspect it won't be long before we follow Eire.

Big_M

5,602 posts

286 months

Monday 3rd October 2005
quotequote all
Think a lot of companies can legally ban smoking on their premises under fire regulations.

Wacky Racer

40,609 posts

270 months

Monday 3rd October 2005
quotequote all
condor said:
This is the sort of banter I expect from the Pie and Piston ...not serious business forum.

can I refer it to the Health and safety bods as I've been caused a massive amount of undue stress.



Light up a ciggie then..........


condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all
2 Smokin Barrels said:
..get with the times dude, I suspect it won't be long before we follow Eire.



Since I'm not getting much sympathy here - let's recap.
I mostly work on my own and so harm no-one. both assistants I have working with me also smoke...though I usually let them work together.
The company I work for sells tobacco...and is a reasonable amount of their sales - and has in the past encouraged customers to smoke by providing ash-trays as normal. Likewise, encouraging staff to buy tobacco from them with staff discounts and allowing smoking on the premises.

What I'm objecting to is NO consultation about a ban..just a verbal phone call saying it's banned with written confirmation to follow.

2 Smokin Barrels

31,725 posts

258 months

Monday 3rd October 2005
quotequote all
..I think you're up a gum tree

best make sure it's Nicorette!

condor

Original Poster:

8,837 posts

271 months

Monday 3rd October 2005
quotequote all


Haven't even started on Rizla papers

wolf1

3,091 posts

273 months

Monday 3rd October 2005
quotequote all
condor said:

I manage an off-licence,


Flamable liquids! Enclosed areas! Fire risk!

Sorry fella but they do seem to have you over a barrel. Can you not just pop out for a tab like plenty of others have to?