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Tribunal Rules on
Smoking at Workplace{{/B}} Employers must take sufficient steps to protect non-smoking employees from tobacco smoke or they might be faced with legal {{U}}(19) {{/U}}, warns law firm Thomas, Sell & Passmore. Jill Thomas, an employment law specialist with the firm, quotes a recent {{U}}(20) {{/U}} brought before the Employment Appeal Tribunal (EAT). An employer’s failure to protect its employees against tobacco smoke {{U}}(21) {{/U}} an employee to quit her job. Whilst working, the employee was {{U}}(22) {{/U}} to work near four secretaries who smoked and the rooms of three solicitors who smoked cigarettes, cigars and a pipe. All doors were kept open to allow ventilation from smoking rooms. After a series of {{U}}(23) {{/U}} from the plaintiff and fellow colleagues, the employer consulted staff and agreed that a smoking policy should be {{U}}(24) {{/U}} up. However, the policy did not go {{U}}(25) {{/U}} enough to solve the problem for the plaintiff. She was finally told either to {{U}}(26) {{/U}} up with the smoke or leave, which she did. The EAT ruled that the employer had breached its contractual {{U}}(27) {{/U}} to deal reasonably and promptly with its employees’ grievances, and to provide a reasonable working {{U}}(28) {{/U}} suitable for its employees. The plaintiff was awarded {{U}}(29) {{/U}}. But employers are advised to think carefully before they rush into implementing or enforcing smoking ban. Unless they take care, they could be faced with unfair dismissal claims from smokers--{{U}} (30) {{/U}} what they were trying to avoid with non-smokers. Before introducing a {{U}}(31) {{/U}} or partial smoking ban, employers are recommended to protect themselves from potential claims by smokers. {{U}}(32) {{/U}} must be consulted on their views and given reasonable notice of any changes. Employers should then {{U}}(33) {{/U}} enforce their smoking ban. |