Employees who smoke at home

[fraggle08]

My employer has informed me that our company has a 'No Smoking Policy' which not only covers not smoking around the work buildings / in work time, but also means we cannot smoke, ever. Basically she says she doesn't employ smokers.
However, I do not remember ever being asked the question when I joined 3 months ago, and certainly this 'policy' was never explained to me either verbally or in writing, but I am dubious as to the legality of it.
Surely they cannot tell us what we can do in our personal lives, in our own time, on our own property???

[Ethel]

That's a nonsense - what you do in your own time away from work premises is none of your employer's business, as long as it is legal and doesn't bring your company into disrepute.

[buildersmate]

Not sure that you're right on this one, Ethel.
See this article from Personnel Today.
I believe it is not illegal to discriminate against smokers by having a policy of recruiting only non-smokers.
http://www.personneltoday.com/Articles/2006/01 /17/33397/smokers-not-protected-by-disability- law.html

[Ethel]

The last few paragraphs of the link state the claims that woman may have for unfair dismissal.

It's true that companies can refuse to employ non-smokers, but this should be made perfectly clear at recruitment - if you smoke we will not employ you.

To enforce a new policy in this way on existing employees is very shaky ground.

[Ethel]

Apologies - only employed by the company for three months - no unfair dismissal claim.

I still think that after employing somebody for three months it is difficult to enforce this sort of policy.

But of course, it is easy to dismiss an employee in the first year.

[joko]

but how would they know? if you smell of smoke it could be from passive

[buildersmate]

The way it works is you ask the candidate at interview if they smoke, you point out that the company has a non-smoking policy - is the candidate aware of that. They thus have given an untrue statement if later it is found that person smokes. One doesn't know as such.

[fraggle08]

Thanks for the feedback chaps, I have seen that article before and heard similar stories, so I have an inkling that a firm could introduce this type of policy if they chose to. However the bit I am unsure of is the fact that I have only found out now, so is it binding? My bosses never pointed it out at application, during interview, in my offer letter, or in the contract of employment that the company had this policy. I did however have to complete a form on my 1st day where one of the questions was 'do you smoke?' - i said no, because I don't at work, but I do at the weekend & in the evenings, which I didn't consider to be any of their business. Hey ho, I'll just have to make sure I don't hang out anywhere socially that I'm likely to bump into my bosses! (outdoors of course!)

[Panic Button]

or give up

[fraggle08]

fair...
... but thats not the point!