How will the new non-smoking legislation affect the workplace? Jeremy Nixon investigates
With effect from 1 July 2007, England came into line with Scotland, Wales and Northern Ireland when smoking in all enclosed public places was banned.
In common with much of the employment law legislation we have seen over recent years, the new provisions in relation to smoking place what was best practice on a statutory footing, since for many years now smoking has been prohibited in most workplaces. A further similarity between the smoking legislation and other recent changes to employment law—particularly the statutory grievance and dismissal procedures—is the fact that the legislation is spread across a number of different statutory provisions, which will certainly keep employment lawyers and human resources (HR) managers on their toes when interpreting them.
THE STATUTORY FRAMEWORK
The new law is found in:
- The Health Act 2006.
- The Smoke-free (Premises and Enforcement) Regulations 2006 (SI 2006/3368).
- The Smoke-free (Exemptions and Vehicles) Regulations 2007 (SI 2007/765).
- The Smoke-free (Penalties and Discounted Amounts) Regulations 2007 (SI 2007/764).
- The Smoke-free (Vehicle Operators
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