Helen has over 42 years of experience, including 35 in HR consultancy and 7 as an HR manager at a national company. She specializes in all aspects of HR, from employment documentation and advice to training, consultancy, and representation at Industrial and Fair Employment Tribunals. Helen’s wealth of experience makes her a trusted and valuable expert in the field of HR.
With the rise in use of e-cigarettes employers are facing issues with employees using them within the workplace. However, with health & safety legislation not covering e-cigarettes, employers are often left in a difficult situation.
Smoking in enclosed places
Smoking in enclosed (or substantially enclosed) public places, including workplaces was banned in July 2007. This legislation, however, does not apply to e-cigarettes as they do not appear to fall within the definition of “smoking” as set out in the legislation (which refers to “lit tobacco” or any other substance that can be smoked when lit). It would appear, therefore, that the employer may not rely on the current anti-smoking legislation to take disciplinary action against vaping at work.
Case law
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