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My employer is bringing in a total ban on smoking. We are not even going to be allowed to smoke in our own vehicles in the car park. They have said we can change out of uniform, walk up to the public highway, have a cig, come back and change again - all in 15 minutes??? Up to now we have been able to smoke outside in the fresh air but on the premises.
Is this complete ban legal (particularly in my own vehicle). I know smoking is bad for me but what harm am I doing anyone else out in the fresh air! Further it is custom and practice for us to be 'on-call' during our breaks and I work 13 1/2 hr shifts........can't go that long without a fag!
They are probably within their rights as you are on their property. If you went off the premises for a cigarette at a lunch time or a break I doubt very much if there is anything they can do about it.
I don't think they can force you to change out of your uniform, but they are quite entitled to make you leave the premises completely and go on to the public highway.
Now might be a good time to quit smoking if this is an otion you have previously considered. You can get free help and support from the NHS. Just a thought.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I am sorry to say but I think that's a great idea - my old employer used to do the same. We had to walk away from the building and didn't have long at all.
Hopefully people will be able to cut down altogether - I am a smoker btw, and I HATE it. It's depressing.
NEXT - sent CCA request - 15/01/09 - not received
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Cap1 - 7/2/09 - Accept part payment/reminder of default to be removed
I keep trying to give up but failing. And it is the NHS I work for! I used their smoking service but the lady kept forgetting to turn up so I started smoking again
Can they stop me smoking in my car?
And there is an expectation that we will either not have a break or be available to come back at a moments notice if things 'hot up' - not sure how they are going to get hold of me if I'm stood on the main road!!
And there is an expectation that we will either not have a break or be available to come back at a moments notice if things 'hot up' - not sure how they are going to get hold of me if I'm stood on the main road!!
If you are working 13 hour shifts you need to have regular, uninterrupted breaks. If this is not happening then you need to speak to your union rep.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Yeah speak to Unison or your own union. They can stop you smoking in your uniform as a hygiene thing. Depends on what department you work for. And they can ban you from smoking on their premises also so these combined I would say they can do as they are doing. However as a smoker myself this is real unfair and they are not being sympathetic to your habit etc.
Seriously speak to the union . Dont the patients (cleints) have a smoke room or smoke sheds etc ? If so surely you can take uniform off and go there in break.
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They can stop you smoking in your uniform as a hygiene thing.
But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I work in critical care so having a fag is a way of releasing the pressure so to speak.
Patients/relatives are also being banned from smoking completely from December 1st.
But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.
Only time they could do this is when the uniform is to be kept on site and then not allowed out in uniform anyway. Such as working in theatre etc or my bro in law works in a food factory etc.
I work in critical care so having a fag is a way of releasing the pressure so to speak.
Patients/relatives are also being banned from smoking completely from December 1st.
This is really bad, I know when I worked for the NHS in mental health we used to encourage clients to smoke (if they were a smoker) to calm them down and relax.
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
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Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.
But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.
Presumably if someone is seen smoking in uniform.
My company doesn't even allow smoking in company cars - wherever they are.
I think the none smoking in uniform comes under them classing it as causing bed views to there company and if they dont want a habit that kills being connected to there company or for any other reason then they can do it.
They would say ,you dont care about your apperance.
The companies that are hot on it now are holiday companies.
Was this the terms in your contract when you joined, i dont know if you can refuse on those grounds.
The smoking in uniform is prohibited because you are likely to contaminate your uniform with small particles of your saliva from the smoke all around you. Simular rules apply in areas where Food Hygiene laws are in place. Prevents Cross Contamination to other people,especially people in Hospital.
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There are so many of these going round, people are getting more and more confused. One of the most popular arguments is that smokers get more 'free time' than non smokers. However, in the majority, smoker's subconciously take shorter lunch breaks and guidance given to non smoker's is that once an hour (the average time from one cigarette to another) get up from your desk and go and make a cup of tea or have a walk round the building for 5 minutes. You don't want to? Ok, well then don't say you weren't given the chance!!
Do you think the above is rude, arrogant or unfair? It's actually not, and it's what a lot of HR departments are now advising, because it's getting closer and closer to someone being discriminated against and only a matter of time before a case like this ends up at a tribunal.
At the end of the day, no one has a legal right to smoke. If you go to a friends house, who doesn't smoke, you don't hang out the window to have a cigarette do you? Most people I know will either go outside a distance from the house or wait until they are on the way home.
However, employers cannot afford to have a riot of smokers angry with them; what if the MD or a director smokes? Shooting themselves in the foot!
My local hospital now has no smoking on the premises at all; however, if you are able to leave site, then they cannot stop you from smoking. But my advice would be is to (if you are allowed) to leave site, walk a short distance away, make sure your uniform is not visible (i.e. large coat or similar), have a smoke and go back to work. Making the effort to not smell like an ashtray is also showing you are proactive and trying to accomodate your employer's wishes. Carry some polo's or breath mints with you, and by wearing an overlayer you are preventing the smell from penetrating your uniform too much. A quick wash of the hands (as I'm sure you already do, working in the NHS?!?!) and you'll be good to go.
In conclusion, if they say no smoking on the premises, then there is no smoking on the premises. No getting round it, no unfairness and no legal obligation to let people smoke.
P.S. I am a smoker. :o
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
I work for BT and they have done it .... being an ex smoker I think its great ;o)
Joking aside BT have erected smoking shelters that look like bus shelters, yet people still do it by the entrances, which is horrible if you happen to walk by and get a whif of their smoke .. so face up to it ... smoking is nasty, if you want to smoke go somewhere that doesnt affect others ....
smoking is nasty, if you want to smoke go somewhere that doesnt affect others ....
Thats right, agreed . . like go to the designated area that the company supplies.
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
1) give a small donation to this site to keep it going because without this forum I would know nothing.
2) Use your experience to help somone else on another thread.
Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.
Well exactly, so people who have an habbit to smoke will go were they shouldnt. It is far better for companies to provide designated places so this does not happen.
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
1) give a small donation to this site to keep it going because without this forum I would know nothing.
2) Use your experience to help somone else on another thread.
Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.
Well exactly, so people who have an habbit to smoke will go were they shouldnt. It is far better for companies to provide designated places so this does not happen.
Until about a year ago we had a very nice but smelly smoing room - now we have bto go outside and that is going to eb abnned soon.
Can employer ban smoking outside????
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Re: Can employer ban smoking outside????
Originally Posted by poppynurse
