Use our COVID-19 resources to better manage the crisis and feel like you are on the front foot View Resources

E-Cigarettes and the No-Smoking Policy

The mounting debate about the use of e-cigarettes reflects their growing popularity and availability in the UK. Whilst their use does not currently fall within the scope of current legislation, many employers would choose to restrict their use in the workplace.

The recent tribunal ruling in the case of Insley v Accent Catering should serve as a cautionary tale to any employer who has not provided clear guidance to their employees by including e-cigarettes within their smoking policies. In this particular case, the claim was for constructive dismissal (not upheld) by a catering assistant working at a school who was seen smoking an e-cigarette on the school’s premises. Whilst the school’s no-smoking policy specifically prohibited smoking within its premises, it did not include the use of e-cigarettes which was considered gross misconduct.

Whilst the provisions of the European Commission’s Tobacco Products and Directive (to be part of UK law by May 2016) may serve to bring greater regulation, it is essential that employers update their policies to include e-cigarettes.

E-Cigarette Checklist

  • Make it clear whether their use is banned or restricted;
  • Ensure your policy is made clear to employees and visitors to your premises;
  • Make it clear that disciplinary action may be taken if appropriate;
  • Ensure employees are clear on the amount/length of smoking breaks allowed;
  • Consider providing separate areas for cigarette smokers and e-cigarette users;
  • Provide guidance to employees on support for stopping smoking.

For more information, or help with setting up your company handbook, speak to a Park City HR expert today.

Back to News Listing

Need help quickly?

There's a great deal to manage right now - the Furlough Scheme, returning to work safely. Lean on us for helpful guidance. Book a call (it's free) with one of our HR or health & safety experts.

We will process your data in accordance with our Privacy Policy. You may withdraw this consent at any time by updating your preferences.  We make this easy for you by placing a link to your preferences in the footer of every email we send you.

COVID-19 Resources

How to Apply for a grant through the Kickstart Scheme Latest Updates for Working safely during coronavirus (COVID-19) COVID Outbreak Management Policy Fair Redundancy Process Checklist Guide to Creating a COVID Secure Workplace How to manage the holiday season and reduce the risk of losing staff to self-quarantine Cleaning regimes required for a COVID-19 secure workplace Guidance on Face Coverings in Retail and Shops JULY 24TH Summary of Recent Government Updates Kick Start the Economy Government Announcement Updated guidance for outdoor pools indoor gyms, pools and leisure centres Guidance for the Re-opening of businesses and venues from 11 and 13 July Updated Guidance for Working Safely

Five steps to working safely - display the poster to demonstrate you have followed the guidance Changes To Social Distancing At Work from 4th July 2020 Updated Advice: Coronavirus Job Retention Scheme Step By Step Guide for Employers 7 Traps to Avoid When Making Redundancies During Furlough Redundancy During Furlough Easing of Lockdown for Business but does it apply to you? Changes to the Coronavirus Job Retention Scheme - 10th June 2020 Return to Work Safely FAQs Planning Your Return to Work Top Tips to Prepare your Managers Legionella Risks During the Coronavirus Pandemic Coronavirus-related Statutory Sick Pay Rebate Scheme A List of Helpful Returning to Work Safely Resources Coronavirus Job Retention Scheme extended to end of October 2020 VAT on PPE is now ZERO Managers Top Ten Health & Safety Tips Return to Work Safely Toolkit Managing Emotions when we go back to Work Communications Matrix Top Tips for Mental Wellness Keeping in Touch With Furloughed Workers Manager's Guide to Furlough Leave and Wellbeing Staff Survey - Winning on Furlough Webinar: Working from Home and Winning Social Distancing in the Construction Industry Is your PPE Legal and does it do what it claims? Extension of First Aid qualifications 8 Helpful Tips To Promote Home Worker Wellbeing Free Staff Survey: Working From Home and Winning Maintain Safe Working Conditions COVID-19 HR and H&S Management Checklist COVID-19 Staff Announcement Building Entrance COVID-19 Sign Coronavirus and Home Working Guide
Park City Call Back

We will respond to your call back within 24 hours during business working hours

Please enter your name
Ask a question and get FREE advice

Juliet Price is the Managing Director here at Park City and has extensive, specialist knowledge in HR, Health & Safety and staff development. Enter your question below and we'll be back in touch soon with an answer!

Please enter your name
Please enter your telephone number
Please enter your question
Discover how your people truly feel

Dig deeper into underlying issues, spot opportunities, take action and track progress. Listen , review and take action with real-time reports. Download information about the WeThrive product toolbox, our recommended employee engagement solution.

Please enter your first name
Please enter your surname
Please enter your company name
Please enter your email address
Please enter your telephone number