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Hawkins Solicitors,
19 Tuesday Market Place,
King’s Lynn,
Norfolk,
PE30 1JW.

DX:
57803 King’s Lynn
Telephone:
01553 691661
Fax:
01553 691779
Crimeline:
07786668836
Email:
enquiries@hawkins-
solicitors.com


Hawkins Solicitors,
Unit 2,
St Nicholas' Court,
Dersingham,
Norfolk,
PE31 6GZ.

DX:
57803 King’s Lynn
Telephone:
01485 501586
Fax:
01553 691779
Crimeline:
07786668836
Email:
enquiries@hawkins-
solicitors.com

Local businesses need to know what the Government's recent workplace smoking ban means for them as employers.

From the 1st July 2007.

Is your work place smoke free?

As a result of the Health Act 2006, enclosed and substantially enclosed public places and work places will become smoke free. All work places will have to ban smoking and implement a suitable system to enact the legislation.

 What and Where?

The legislation defines smoking as anything which contains tobacco or the smoking of “any other substance”.

Those areas which are to be included in the legislation include:

  • Premises open to the public
  • A place of work of more then one person (including work vehicles)
  • A place where the public may receive goods or services

Do you display a no-smoking sign?

If you occupy or manage a smoke free premises you must display no-smoking signs in a prominent position. The legislation states that these signs must be no smaller than size A5 and should read:

 “NO SMOKING. IT IS AGAINST THE LAW TO SMOKE IN THESE PREMISES”

Failure to display a no-smoking sign could result in a fixed penalty notice (currently £200) or prosecution and a fine of up to £1000.

What is your duty?

It is the duty of any person who controls or is concerned with the management of any smoke free premises to cause a person smoking to stop smoking.

Do you have a Defence?

Yes you do if:

  • You have taken reasonable steps to cause a person to stop smoking or
  • You did not know or could not reasonably expected to know that that person was smoking.
  • There are any other grounds where it would be reasonable not to comply with the above duty

How do you make your staff aware of the legislation?

You should introduce a consultation method with advance warning, giving clear policies and defined sanctions as to your “non-smoking” policy.

If an employee is caught smoking you will be entitled to call that person to a disciplinary meeting and inform them of possible charge. Be aware that if you do not use the disciplinary route then the employee is entitled to claim unfair dismissal should you sack them on the spot.

If you have clear guidelines in place then any employee caught smoking can amount to gross misconduct.

For further information or advice please contact our Employment Department

Hawkins Solicitors in Kings Lynn