First e-cigarette tribunal case highlights employment issue

A recent employment tribunal around the use of e-cigarettes has highlighted the need for employers to review their smoking at work policies.

A school catering assistant was seen using an e-cigarette on school premises in front of pupils. The headteacher then reported the incident, as smoking was not allowed on school premises.

But before a disciplinary hearing, the employee resigned claiming that she had been constructively dismissed by her employer.

While the employment tribunal was dismissed, the case raises an issue for HR. If the school had attempted to dismiss her on the grounds of gross misconduct they would have risked an unfair dismissal claim as their smoking policy did not stipulate that e-cigarettes were prohibited.

Christopher Tutton, an employment partner at law firm Irwin Mitchell, says: “This case raises some difficult issues for employers. E-cigarettes are considered to be less harmful than conventional tobacco cigarettes and are used by some to help them quit smoking. By banning their use in the workplace, employers could be seen as being unsupportive.

“However, the health effects of e-cigarettes and passive “e-smoking” are not fully understood, so permitting it in the workplace may create a health and safety issue. It is also likely to be contrary to the corporate image most employers wish to promote. Employers should review their policies and make sure they set clear rules around e-smoking in the workplace.”

Image courtesy of http://the-best-electronic-cigarette-review.com (TBEC Review)