Can I Refuse Give Work To Someone Who Smokes

[akajonnyg]

Hi All. I run a company of delivery drivers - they deliver vehicles. If they smoke in a vehicle we can be charged for a valet (£50 - £100). We do of course tell drivers they must not smoke in a vehicle, but if the driver is a smoker and the vehicle has been smoked in it can be difficult to disprove, so... I find the easiest solution is to not take anyone on who smokes - the drivers are self employed. Is this 'legal'. I dont want to be prejudicial but its seems like a common sense solution

[Buenchico]

In general, discrimination within the workplace is perfectly legal. It's only specific types of discrimination (such as on the grounds of race, gender or sexuality) which have been made illegal. Since whether someone does, or does not, smoke has not been brought within any relevant legislation, it remains perfectly lawful to discriminate on such grounds.

Chris

[akajonnyg]

Thankyou chris - that makes sense

[woofgang]

I now this is going to sound really prejudiced, but if the person is a smoker and has smoke in their clothes and hair I can smell it in my car even if they don't smoke in the car and after they have left the car, and I find it horrible. At work (NHS) smokers are not allowed to smoke during their work hours and if they wish to smoke in their breaks, must leave the premises and remove their uniform.

[hc4361]

I agree with you, woofgang. I have a relative who smokes and when he visits he puts his coat in the cloakroom. The smell lingers long after he has gone.