These include the following.Ĭonsult with any employee consultative body before introducing new rules.Īmend the organisation’s smoking policy. If the employer does decide to ban e-cigarettes in the workplace, there are a number of important steps to be taken. ![]() Steps to take for employers banning e-cigarettes Importantly, the Employment Judge went on to say (albeit obiter - that is, not part of the actual judgment) that if the employee had not resigned but had been dismissed, then this dismissal could well have been unfair: “vaping” is not the same as smoking and does not fall within the statutory definition of smoking in the anti-smoking legislation and as the school’s no smoking policy only prohibited “smoking” on school premises but did not expressly prohibit “vaping”, such a dismissal would likely be unfair.Īs a result, in the absence of any binding case law, the use of e-cigarettes at work will not be governed by legislation but by employment contracts and policies. The Employment Tribunal dismissed her claim of constructive dismissal, finding that the employer had generally taken reasonable and proper action in relation to the investigatory and disciplinary procedures. However, she resigned before the hearing and issued a claim for constructive dismissal. In Insley v Accent Catering, Ms Insley, a school catering assistant, was suspended and told to attend a disciplinary hearing for using an e-cigarette on the school premises in full view of pupils. ![]() To date, there has only been an Employment Tribunal decision which, of course, has no legal precedent.
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