Businesses are being advised to review their smoking at work policies following the first employment tribunal case in the UK concerning the use of e-cigarettes.
The case involved a school catering assistant who was seen using an e-cigarette at the beginning of the school day in full view of pupils. The headteacher reported the incident to the catering company because the school’s smoking policy did not allow smoking on school premises. Before a disciplinary hearing was held, the catering assistant resigned and claimed she had been constructively dismissed.
The claim was dismissed by the employment tribunal but it indicated that if she had been dismissed on grounds of gross misconduct, she could have argued this was unfair because the use of e-cigarettes was not covered in the school’s smoking policy.
The important message to take from this case is to review your policies to ensure that e-cigarettes are included in your smoking policy. We can review your smoking policy for you along with the rest of your policies to ensure they are up to date and in line with key legislation. Please get in touch if you would like us to arrange this for you on 01892 525 353 or firstname.lastname@example.org