Small firms in England and Wales are being urged to review their workplace smoking policies amid concerns that business owners are failing to understand the detail of next summer’s smoking ban.
The Forum of Private Business (FPB), a pressure group representing 25,000 UK small to medium sized firms, and its employment law partner the law firm Mace & Jones, say it is critical that businesses start preparing for the 2007 Health Bill now.
The legislation will ban smoking in the majority of public spaces and workplaces, including smoking areas at work and work vehicles.
Research has found that the ban could catch out almost one in four companies, according to Croner.
The study found that 72 per of firms claimed that their organisation is already compliant with the forthcoming law, yet less than half said that they provide smoking areas for employees.
This leaves at least 24 per cent of employers believing they are compliant, when they are not.
Employers should be in no doubt about the tough line the Government will take on smoking from next year, says the FPB’s chairman Len Collinson.
“The smoking ban is looming large,’ he said. “And already the laws on public smoking, while not yet enforcing a complete ban, are getting tighter.
“It is crucial that employers are aware of their rights, and the rights of their staff, when it comes to introducing or changing a policy on smoking at work. Getting it wrong could see employers winding up in costly and time consuming employment tribunals.”
Employers who breach the regulations could face fines for either allowing people to smoke or failing to display no-smoking signs, according to Martin Edwards, head of employment law at law firm Mace & Jones.
“We recommend that business owners should start to work on a no-smoking policy now,’ he said. “It is important that employers make sure that they have consulted and communicated the no-smoking message to their staff.
“A copy of the policy should then be issued to every member of staff, with a breach of policy being deemed as a breach of health and safety and gross misconduct. Moreover, rooms should be cleaned up where smoking is currently permitted by getting them professionally cleaned.
“It is also worth seeking legal advice before setting up alternative smoking areas outside, to check they do not contravene the law.”
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