NEWS CHANNEL
Published: 28/06/2007 00:00 -
Updated: 19/02/2009 00:30
A leading law firm has warned that employees caught smoking at work once the smoking ban takes effect on July 1 could face instant dismissal.
Even people who drive for a living face the prospect of not being able to reach for the cigarettes when the rush hour tests their patience.
Caroline Pugh, an employment specialist at the business law firm LG said: "If people have been fairly warned of the potential consequences yet nonetheless light up in the evening - even when most others have gone home - they're exposing their employer to the risk of a criminal prosecution, so it would be quite fair for the company to see that as gross misconduct and grounds for dismissal, even if it's a first time offence for a longstanding employee."
Disputes over dismissals which arise as a result of the smoking ban will be heard by employment tribunals, although local authorities - responsible for policing the smoking ban in their areas - will bring prosecutions before magistrates' courts.
Penalties include fines of up to £5,000 plus a criminal conviction, both for employers and individuals who flout the ban.
Another difficult area revolves around socialising in the office, and client entertaining.
"The law makes the management of the premises responsible to enforce the new ban, but it's far from clear how this will work in practice," said Ms Pugh.
"Where some individuals light up after hours in a social situation, or perhaps when entertaining clients and business contacts, other colleagues may be very reluctant to challenge them - and it's very unclear how far organisations can reasonably expect people to go."
Even people who drive for a living face the prospect of not being able to reach for the cigarettes when the rush hour tests their patience.
Caroline Pugh, an employment specialist at the business law firm LG said: "If people have been fairly warned of the potential consequences yet nonetheless light up in the evening - even when most others have gone home - they're exposing their employer to the risk of a criminal prosecution, so it would be quite fair for the company to see that as gross misconduct and grounds for dismissal, even if it's a first time offence for a longstanding employee."
Disputes over dismissals which arise as a result of the smoking ban will be heard by employment tribunals, although local authorities - responsible for policing the smoking ban in their areas - will bring prosecutions before magistrates' courts.
Penalties include fines of up to £5,000 plus a criminal conviction, both for employers and individuals who flout the ban.
Another difficult area revolves around socialising in the office, and client entertaining.
"The law makes the management of the premises responsible to enforce the new ban, but it's far from clear how this will work in practice," said Ms Pugh.
"Where some individuals light up after hours in a social situation, or perhaps when entertaining clients and business contacts, other colleagues may be very reluctant to challenge them - and it's very unclear how far organisations can reasonably expect people to go."
