Commercial/Employment UPDATE

Issue No.15 February 2007

Smoking ban - more than just a smoke-free pint!

The publicity surrounding the imminent smoking ban has focussed on its expected impact on pubs and restaurants. In fact, the ban will have much greater ramifications, not only for persons who manage premises that are accessible to the public, but also for employers in general.

The Health Act 2006 provides that all employers must ensure that any “substantially enclosed” workplace is smoke-free at all times. This will include, for example, offices, factories and shops. It also includes work vehicles used by more that one person.

Employers will be under a duty to ensure that appropriate no smoking signs are displayed in a prominent position in the workplace (and in work vehicles used by more than one person). The Government has yet to specify the signage requirements but signs which comply with the expected requirements will be obtainable from the Department of Health after Easter.

The smoking ban will become law on 1 July 2007 and penalties for breach are potentially severe: an employer who permits smoking in a relevant workplace/work vehicle will commit an offence and will be liable, on conviction, to a fine of up to £2,500. Failure to comply with the obligation to have appropriate signage will also be an offence and subject to a fixed penalty of £200 (discounted to £150 if paid within 15 days) or, on conviction, to a fine of up to £1,000. The smoker will also commit an offence and be liable to a fixed penalty of £50 (discounted to £30 if paid within 15 days) or, on conviction, to a fine of up to £200.

CVS is experienced in advising on employment and human resources issues and can provide support for your business in dealing with these issues.

Note:

Please note that this newsletter is not intended to be a comprehensive statement of the law and should be used for guidance purposes only. If you require specific legal advice please contact Mark Machray or Edward Bond or by telephone 020 7493 2903.