England catches up as the smoking ban comes into force From 1 July 2007 smoking in enclosed public places, including most workplaces, is banned in England, bringing it into line with the rest of the UK. The ban covers offices, factories, shops, pubs, bars, restaurants, public transport and enclosed work vehicles that are used as a workplace at any time by more than one person, such as a company car in a car pool. The ban applies to all employees, contractors and clients entering the employer’s premises to perform work or visit a person, with only limited exceptions. The employer may provide a designated outside area, away from any entrances to enclosed buildings where people are permitted to smoke, but is under no legal obligation to do so. All smoke free premises and those vehicles subject to the ban are required to display no-smoking signs in a prominent position. Employment contracts should contain a clause banning workplace smoking. The employer should state what disciplinary action, if any, it will take against an employee, if this ban is contravened. The action should be consistent and non-discriminatory and may include summary dismissal, where smoking constitutes a fire hazard or strict hygiene standards must be observed. Employers may be liable to a fine of up to £2,500 for failing to enforce the ban and up to £1,000 for failing to display appropriate no-smoking signs. The level of fine depends on whether the matter is dealt with as an offence by the courts or by an authorised officer of the enforcement authority (e.g. local council) who issues a penalty notice. It is also a criminal offence for employees to smoke in smoke-free areas, carrying a fixed penalty of £50 or prosecution and a fine of up to £200, if taken to Court. Information to support the introduction of smoke free legislation is available at: www.smokefreeengland.co.uk. Paul Tew, Pay Magazine Snowdrop provides a range of Payroll solutions that are fast, flexible and easy-to-use, to suit the many and varied needs of each organisation. To find out more about the software and services that we provide, please click here >>