Smoking law inspectors cracking down on employers, warns law firm

Manchester based law firm Mace & Jones said smoking inspectors had issued 1,233 written warnings to employers for failing to prevent smoking in their premises between July and November last year. The warnings led to eight court hearings, Department of Health figures show. A further 6,646 warnings were issued to firms for not displaying correct No Smoking signs in their premises or vehicles. Mace & Jones employment law partner Mark Hatfield said with thousands of inspections taking place every month it is critical firms have properly implemented their smoking policies. “Getting your smoking policy wrong could see employers winding up in costly and time consuming legal proceedings,” said Mr Hatfield. “Employers who breach the regulations could face fines for either allowing people to smoke or failing to display no-smoking signs. "We recommend that business owners ensure that they have consulted and communicated the no-smoking message to their staff,” he said. “A copy of the policy should then be issued to every member of staff, with a breach of policy being deemed as a breach of health and safety and gross misconduct. It is also worth seeking legal advice before setting up alternative smoking areas outside, to check they do not contravene the law." The smoking ban in England and Wales covers the majority of public spaces and workplaces, including smoking areas at work and work vehicles. It does not, however, extend outdoors or in private homes. Football ground terraces is a notable exception where smoking is permitted. Similar bans were introduced in Ireland in March 2004 and Scotland in March 2006.