Kerstie's LAW

May 30, 01:42 AM

Current Headlines: By KERSTIE SKEAPING

Q My company has just introduced a quit smoking programme that gives smokers paid time off to go to courses and financial support for things like nicotine patches. However some of the non-smoking staff are not happy. Do we have any obligation to do something for non-smoking staff?

A As you will be aware smoking has been unlawful in the workplace in Scotland since March 26, in Wales since April 2, in Northern Ireland since April 30 and in England the workplace ban takes effect on July 1.

It would appear that you are trying to help your workers adjust to a non-smoking work environment. Recently published recommendations from the National Institute for Health and Clinical Excellence suggest that all businesses should where it is financially viable try to provide this type of support for smokers in order to assist them adjusting to smoke free workplaces.

You are under no obligation to provide non-smokers with equivalent benefits. However it maybe interpreted by non-smokers that they are being less favourably treated. The support measures may be seen as benefits which they do not have the opportunity to access. This may generate resentment amongst workers, and bad feeling in the workplace is generally bad news for the business as it may impact on morale, productivity and even staff turnover.

You may wait to see if grievances are raised in which case you will have to deal with them or you may take steps now to explore alternative ways in which the quit smoking programme may be run without excluding non-smokers. One idea is to offer assistance as part of a flexible benefit package.

In this way a budget would be set for various benefits that are available to all employees, smokers and non-smokers. The employee then has the option of choosing which benefit would be most useful to them. If an employee smokes and wishes to have help with the cost of nicotine replacement aids then that option will be available. On the other hand a non-smoker will be able to gain from the scheme by opting for an alternative benefit to the same value.

Kerstie Skeaping, Halliwells LLP Solicitors, 100 Old Hall Street, Liverpool L3 9TD. Ring 0870 365 9842, fax 0870 365 8004 or e-mail Kerstie.Skeaping@halliwells.com

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