Date published: 01.09.08 - not release date

Use No Smoking Day to stub out office disputes, says DWF

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DWF433/07
13 March 2007

Employers should use No Smoking Day on 14 March as an opportunity to discuss the issues with staff before the ban comes into force in England on 1 July 2007, says law firm DWF.

It says the ban could fuel resentment between smokers, who will now be unable to smoke in the building, and non-smokers who may resent them taking time out for smoke breaks. Companies should try to forestall problems by agreeing a policy that has the support of all staff.

Stephen Robinson of DWF says: “Employers must strike a balance. They should endeavor to be reasonable and to uphold the rights of those who do smoke within the constraints of the law but without affecting the morale of other staff.

“However make it clear that any agreed breaks are a privilege, not a right, and abuse will result in disciplinary action. Specify the time and frequency, for example one in the morning and one in the afternoon lasting no more than five minutes, and consider providing smoking shelters away from other areas.

“Consultation is key - if there's a recognised channel such as a trade union, use it. Try to reach an amicable agreement which has the support of all parties.

“Ensure you have a no-smoking policy in place which spells out the arrangements that have been agreed and also gives guidance on how managers should handle smoking in the workplace and what disciplinary action might be taken. Having a clear policy in place that complies with the law will ensure everyone knows where they stand and will minimise the risk of prosecution.”

The new rules will make it unlawful to light up in workplaces, public places and even company cars and employers who fail to comply could face fines of up to £2,500. The ban will be introduced in Wales on 2 April.


Notes to editors:

DWF is one of the fastest growing regional law firms in the UK and has recently merged with Ricksons. With over 800 people based in Manchester, Leeds, Liverpool and Preston, DWF provides a range of services grouped under the following practice areas:

Corporate
Banking & Finance
Litigation
Real Estate
People
Insurance

DWF has developed extensive sector-specific expertise in a number of areas including: automotive, education, food and resourcing. Further information on DWF is available via www.dwf.co.uk

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