Smoking Policies need to cover E-Cigarettes
The recent case of Insley v Accent Catering highlights the importance of ensuring smoking policies make it explicitly clear where they apply to ‘ vaping’ (smoking e-cigarettes) The Health Act 2006 introduced a statutory prohibition on smoking in public places, including all offices and work spaces. E-cigarettes do not technically fall within the scope of this law and there is no legal requirement to ban them at work. In the case of Insley V Accent Catering there was no clear distinction and the Employer took disciplinary action against an employee who was "vaping" Whilst a court ruling on the subject was not reached because the employee resigned before the disciplinary process was concluded the court did raise a "point of concern" Notably: that, while the employer clearly considered e-smoking to be the equivalent of smoking an ordinary cigarette, it was not clear that the employee had breached any policy by using such a device. The employee had...