Smoking ban

[SCOTS_FLLIC]

Can an employer stop an employee from smoking in a designated area during their lunch break?

[samuelcat]

I would have thought any employer has the right to have a none smoking site.
Even before the ban there were some people not allowed to smoke whilst working.
How would it be to speak to salesman for a new sofa or something and he stinks of smoke.
And I am a smoker.

[pink-kittens]

Your employer can stop you smoking anywhere he likes if it is on his property, yes

[mccfluff]

are you taking about a specific employee? for example if other employee are allowed to amoke on site during their break and this person isn't, unless there is a good reason - hygiene or safety then i can't see how ithout leaving themselves open to a discrimination case. cn you give some more detail, what do they do etc?

if its everyone then the employer has a right to make their site non smoking. assuming your not paid for your lunch break, what you do offiste during that time is your business

[SCOTS_FLLIC]

Are they allowed to discipline you for smoking OUTSIDE the premises, even if it is in your unpaid lunch hour?

[bazzyman]

It doesn't look very good for the company loads of people all huddled together having a fag, so maybe he could ask you not to do it where others can see you.

[Razzle09]

If it is in the designated area and on the employees own tiem ..No... why would an employer want to??

[tiggerblue10]

You can do what you like outside the premises and off the grounds, in your own time i.e. lunchtime.

[SCOTS_FLLIC]

The job title in question is a nursery nurse. They have been asked to stop smoking in the designated area and the employer has also said that if they are found to be smoking outwith the premises on a break i.e when going to a local shop at lunch time, they will be disciplined....

[Razzle09]

Hi Tigger.I think there is some legislation about smoking with X feet or other of a doorway etc.

[mccfluff]

can you give some more details, what sort of work is it that you (?) do? they can't discipline you for something you are doing off premises whilst your not being paid BUT if there hygiene or safety implication in your job then that maybe a reason.

[SCOTS_FLLIC]

Razzle, Im not sure why they would want to either. I've just been asked to find out some info on this, but ive found nothing on google so thought Id ask you folks for some help.

[bazzyman]

It could be the hygiene aspect of it then. if children are involved, it is not nice to have you near them with smelly fag soaked clothes is it?

[hc4361]

An employer can remove a designated smoking area and make the entire premises non-smoking. In your field of employment it is entirely understandable why they should do so.
If you wear a uniform it is also understandable why the employer doesn't want the company to be associated with smokers. If you don't wear a uniform it is up to you what you do in your own time away from the premises.

[tiggerblue10]

Hi Razzle,

Where I work smokers can only smoke on the pavement outside the car-park. It does look pretty bad but if there was a total ban there would be an uproar.

[mccfluff]

as long as whoeverf is smoking is following basic hygiene rules washung hands etc then they can't dicipline them for smoking whilst the are not being paid to work

given the job is seems reasonable for the site to be non smoking

[mccfluff]

ithink the most sensible way around this is the ask for a meeting with the management tell them that as smokers you will respect their wishes and not smoke on or around their premises but if you do want a ciggie in your break then you are entitaled to do so however you will follow best practise hygiene, maybe change out of uniform as well so it doesn't smell of smoke

[tiggerblue10]

They probably don't want the staff coming back stinking of smoke. I don't blame the employers for wanting this ban in a nursery.

[Razzle09]

In Belfast we currently have these 'smoking police' and if you dump a cig stuff you're find. They can 'move you on' from doorways etc.......... :-)

[kjc]

I wouldn't want a child of mine to come into contact with someone who smokes,
Clothes are smelly.

[SCOTS_FLLIC]

I've just asked, and they don't wear a uniform...