E-Cigarettes at work : Episode 16

 Disciplinary issues

How do you deal with staff who ‘Vape’ at work

In this episode of the Podcast I give you a summary of a recent Employment Tribunal case within which the issue of the use of e-cigarettes at work resulted in an employee facing disciplinary action and resigning from her employment. In this case the employee Ms Insley was seen using an e-cigarette at work. She was a catering assistant at a secondary school. When the Headmaster reported the matter to her employer, Accent Catering, they started disciplinary proceedings, stating that it could be gross misconduct.

Ms Insley resigned and claimed constructive unfair dismissal in the Employment Tribunal.

Particularly you will learn….

  • What the current law is regarding e-cigarettes.
  • The points to consider when looking at staff use of e-cigarettes at work.
  • Why you should review your smoking policy and notify staff of the changes fairly urgently.
  • What the decision means for your business.
  • Why Ms Insley perhaps would have been better to wait for decision from her employer before resigning.

HR Best Practice Tip

The HR tip of the week follows several issues that have been raised by my clients about managing poor performance of staff and the uncomfortable feeling of doing this.

Podcast references

Insley v Accent Catering

If you have a question that you would like answered in the podcast please send me an email to alison@realemploymentlawadvice.co.uk or leave a comment below.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.