Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
Smoking ban special
If you’ve ever been a smoker in your life you may well at some time have adopted the self-kidding attitude that — even though you’re fully aware of the health risks of smoking — you’re going to give up before it causes any real damagee. Similarly, some businesses have not even considered how the impending smoking ban will affect them — despite the fact that its implementation is now just weeks away (1 July). This is your wakeup call! In recent weeks Workplace Law Group has been inundated with queries from employers who seem to suddenly realisethat the smoking ban is actually happening, and that it will have implications for the way in which their business operates — from the legal requirement to place signage in non-smoking premises, to the employment issues raised by employees wanting to take breaks to feed their nicotine habit. As with all new legal developments, the effect the smoking ban has will depend largely on the nature and size of your business.In this issue...
Clearing the air
The smoking ban poses a number of serious hurdles for businesses, and many still have serious concerns about aspects of the ban — despite official government guidance. In an attempt to clear the air, Katy Brown explores what these concerns are, as well as looking at how such difficulties were tackled in Scotland, where a similar ban has been in force for a year.
Smokebusters
Under the smoking ban local authorities will have wide ranging powers, including powers of entry, legal penalty and prosecution. What exactly will this mean in practice for businesses? Will Council employees be swooping into action wherever and whenever someone lights a cigarette? Nick Jordan spoke to three local authorities, across Scotland and England, and asked them how enforcement works for them.
Smoking-related litter — Who is responsible?
Caroline Berkley of ENCAMS considers the issue of smoking-related litter and how Defra proposals could make businesses responsible for clearing up this kind of litter around their workplaces.
Helping employees to crush the habit
So far the efforts of many employers to prepare for the smoking ban have focused on issues to do with smoking shelters and signage, but are these really the right things to be focussing on? Should employers be planning how to help employees kick the habit once and for all? If so, how do they do this?
Should smoking breaks be banned?
The issue of smoking breaks has always been a thorny one for employers, and with the introduction of the smoking ban in July it is likely to be an issue that employers are forced to face.
Legal calendar
Ensure that you are ready for all the events and legal developments coming into force in June and July.
Forum
Thoughts and opinions from Workplace Law Network members on a hot topic.
Case law
Legal experts offer their advice to employers on the implications of recent case law.
Technical guidance
Recent cases in the management of sickness absence; Harassment claims under the Protection
from Harassment Act 1997; and Whistle while you work.
Clinic
Should we let an employee come back to work if they still have a valid medical certificate?
Analysis
Are employers tackling poor desk health?
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