Workplace Smoking Ban

More than 90% of workers support the forthcoming workplace ban on smoking, according to a survey by employment law consultancy Peninsula, it was reported in recruiter magazine recently

The research found that 79% of workers who smoke are attempting to give up and that 74% of bosses already enforce an existing workplace smoking ban.

A separate study by Consult GEE found that employers are planning to use the ban to crack down on cigarette breaks. Stuart Chamberlain, employment law expert with Consult GEE, says: “Although there has never been a contractual right to smoke at work, companies seem keen to eradicate smoking among staff and the ban is giving them the impetus to do just that.”

“Employees will struggle to fight any bans on their smoking breaks because they are not entitled to them. It could be that they try to claim a breach of the Working Time Regulations, which grants staff working for a minimum of six hours a day 20 minutes break. However, it will prove difficult for an employee to succeed in the employment tribunal with such a claim.”

The survey results revealed that, while 57% agreed the ban would help their staff kick the habit, 71% said they would not allow staff paid leave to concentrate on giving up.

However, with 93% of companies in the survey pledging their full support for the ban only 22% felt it would boost productivity levels, with 74% claiming it will make no difference and 4% saying it would worsen productivity.