Acas has published guidance on E-cigarettes in the workplace to help employers decide on their policy for the use of battery operated devices that mimic tobacco smoking and are often used as a replacement for cigarettes. Acas advise that employers should decide whether to allow employees to smoke E-cigarettes, and similar products, in the workplace or ban them as they would ordinary smoking implements. Acas point out that E-cigarettes fall outside the scope of smoke free legislation as the act of smoking requires a substance to be burnt, so employers can choose whether to allow employees to smoke them at work or not. The guidance looks at the practical issues involved in allowing the use of E-cigarettes at work, or conversely forbidding them, and gives tips on rules and policies, whichever route the employer chooses.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.