Ban could be a smoking gun for litigious staff

10:34am Tuesday 1st May 2007

BUSINESSES could face costly claims for personal injury and unfair dismissal if they fail to comply with the impending smoking ban, a North-East employers' organisation has warned.

The ban, which will take effect throughout England on July 1, will see many places across the country become smoke-free zones, with smoking outlawed in all confined public spaces.

As well as pubs, clubs and restaurants, employers are being warned that workplaces and work vehicles also fall within the remit of the ban.

Employers will, from that time, have a legal obligation to ensure smoking is banned in their workplace and must display the appropriate signs warning employees and visitors of the regulations.

With only two months to go until the introduction of the ban, manufacturers' organisation EEF Northern is warning businesses to ensure all possible steps are taken to comply with the law to avoid costly legal claims and fines of up to £2,500.

Mike Fenton, head of health, safety and environment at the organisation, and head of legal services Joanne Holborn, are warning employers that they must protect themselves.

"The success of the smoke-free legislation will depend primarily on how well it is enforced by businesses, the authorities and members of the public," said Mr Fenton.

"Employers should ensure that the smoke-free regulations are complied with to avoid financial penalties and to protect the health, safety and welfare of their employees. Employers could face personal injury claims if they do not protect their non-smoking employees from the harmful effects of cigarette smoke and they suffer an injury."

Ms Holborn also said: "Employers may also face constructive unfair dismissal claims if they do not comply with the legislation and an employee complains and resigns."

However, an employee has some legal protection if it informs a business it is failing to comply with the legislation.

Mr Holborn said: "An employee advising their employer that they are breaching the smoking legislation may have protection for having made a protected disclosure."

EEF Northern is offering advice and guidance on the impending ban. Any businesses wanting to take advantage can contact the organisation on 0191-416-5656.