Is it me, or do we suddenly seem to have been taken over by people using, or stalls selling, e-cigarettes?
Whatever your personal view on e-cigarettes there has now been a first tribunal case dealing with e-cigarettes at work.
The case was Insley v Accent Catering.
Basically a school catering assistant resigned, prior to a disciplinary hearing, for bringing the company into disrepute by smoking an e-cigarette on school premises in front of students.
They resigned and placed a claim at a tribunal for constructive dismissal – which was lost.
This in itself is not of great interest, but the Employment Judge went on to say that if the employee had not resigned, but had been dismissed, the dismissal may well have been judged unfair. This is a warning of how a tribunal will view a similar case.
One of the key reasons given was that there was not a policy/procedure directing employees of the use of use of e-cigarettes at work.
Whilst the decision is not binding on other courts or Tribunals, it is a timely reminder to employers that it would be wise to have a good policy in place and include the use of e-cigarettes at work and also on breaks.
If we can help you amend your current policy, or supply a smoking and e-cigarette policy for you, then please just let us know.
Hello, I’m Carole Thomson. I am a Freelance Senior HR professional and I founded HR Support for Business to give small and medium businesses access to a trusted HR Resource when they need HR support or advice.
If it concerns the management of your workforce then I can help you, whether a small issue or a larger redundancy, TUPE or change situation.
Just pick up the phone and contact me for a free 30 minute consultation so we can discuss how I can best help you.
Based on the past needs of small businesses I have also developed key HR packages.
Why not have a look what is provided within the HR e-store:
- HR Compliance in a Box
- HR Micro Compliance in a Box
- The HR Annual Retainer Service and;
- Health and Safety Compliance in a Box.
I hope you have found this employment update useful. As with all legislation it is best to have this laid out in your Employees Handbook.
A good Employee Handbook, with a strong Cigarette and e-cigarette policy and procedure will not only ensure your legal compliance, it is a guide for your managers and employees on how you want your business to operate.
Thereby protecting your business and laying the foundations for managing absence in your business.
This has been extracted from our 2015 1st Quarter Employers Newsletter Click for more information
If you would like to read more about changes that may impact on your business now or later please just click here for this and previous issues.
Or why not call me and we can discuss how best I can help you.
Carole Thomson Chartered FCIPD, Tech IOSH
Senior HR Consultant
HR Support for Business
Tel: 078994 25916/ 079412 62492 /01295 788 579 firstname.lastname@example.org