Smoking ban and Health and Safety at work?

Question

I know this girl who is the receptionist / building contact for an office block in London. The entrance to the building is on a very busy road next to a busy Underground station so it’s always full of tourists and others. She now hates going to work as she has been told by her employer that she is responsible for enforcing the smoking ban and making sure that tourists and other members of the public do not smoke at the entrance which is very common. She has now been verbally abused many times and been physically threatened a few times by tourists objecting to this.

She no longer wants this responsibility but her bosses don’t want to know. They just tell her it’s the law so it’s her job. She is now thinking of leaving her job. What are her rights under the Health and Safety at work act or any other employment law? No where in her employment contract does it state she is a security guard, council smoking officer or Police officer so how can she be expected to act like one now?

Thoughts?

Answer 1

I honestly don't know what the labor laws are precisely in Britain, but in general they are a lot more liberal than they are here in the U.S. Here, if an employee is merely being subjected to disrespectful behavior she wouldn't have any actionable cause for a lawsuit (not including sexual harrassment, which is quite illegal) . But every employee in both our countries is entitled by law to a safe workplace environment, which means that if her employer is deliberately putting her in a position where she is frequently being *physically* threatened and is not provided the ability to handle dangerous situations if necessary (like a trained security guard would have), she very well may have legal recourse against him. You wouldn't expect a receptionist to enforce the rules in an office building anymore than you would expect a janitor to stop shoplifters in a department store. This is one of the reasons why a lot of building owners hire security guards to work as receptionists when the enforcement of management policies is an issue. Of course, unless her boss is willing to hire a guard to work next to her in the lobby, that might mean putting her out of a job.

Now, if you mean to say that it's against the law over there for people to smoke in front of the entrance of a building on the public sidewalk, then enforcing that is certainly not her job because that's not on private property. In that case, have her tell her boss to let the cops worry about it.
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Answer 2

I am sure that her employer is not allowed to submit to physical danger, and since that has already happened, she needs to put this in writing to her HR department.
If the issue is not resolved, matters can be taken into legal path with a small visit to her Citizen advice bureau.
One letter from them explaining that a security guard is required to maintain the law at the entrance and that this is not a job for a receptionist should be enough, if the matter persists, she can launch a law suite via the small claims website.

It's not the easiest way to resolve this, but when employers think they can do as they please, it's best to carefully resist them and from within the Law.

Answer 3

Well, what did people expect? Asking civilians to do the job of councils or Police officers. I have no legal experience so don't take my advise but my view would be "DON'T DO IT" its not her job.

If the councils and the government want a smoking ban then let them take care of enforcement.

This smoking ban, especially in pubs, bars and clubs is making people very angry indeed and I think there is a lot more of this to come. Why does this government ALWAYS get it wrong and go over the top?

Answer 4

I think her employer is in cloud cuckoo land her employer is doing nothing to help her like ensuring the entrance is closed. I would have a word with the union if she is with one, her doctor if not and use the system to make a claim on health and safety after she has found another job if he does nothing about it. Sadly employers seem to be able to change your duties at will and you have to agree. It woukld appear that she has done so. Best just get another job there are plenty in London

Answer 5

There is no legal right to smoke at work although workers are entitled to a rest break of at least 20 minutes for 6 hours of work. Neither is an addiction to nicotine recognised as a “disability” under the Disability Discrimination Act 1995. If smoking is going to be allowed on and after 1 July 2007, employers will have to provide “smoking shelters” for their employees. They will need to ensure that such external shelters are not “substantially enclosed”.

Answer 6

If it is part of her job its part of her job. The employers have the right to state the job description of their employees.

If the employee doesn't like the job, they should leave so they can be happier!

I suggest that before your friend leaves her job, she should work with the employeer for easier ways to enforce the ban...such as no smoking signs outside, hiring a security guard, etc.

Answer 7

It's simply not her job. If these people are smoking then, in fact, they are "breaking the law." It's a Police matter not a job for a receptionist. If she can makes calls she can phone the Police; job done.
I'm a non-smoker but think the smoking ban is utter nonsense. Get the government (Police) to sort it out. They wanted the poxy ban.

Answer 8

If she has been threatened verbally by anyone outside her building or inside come to that, then all she needs ever do is dial 999 - call the fuzz and tell them an incident is taking place outside her place of work. They will be around in only a few minutes and will act swiftly to arrest anyone who makes verabal threats.

Your friend should buy one of those small hand-held recording devices often used by reporters and journalists.

She should switch this on and point it at anyone making verbal abuse of her. Play it back to the fuzz.

Try this : -

Work related violence – health and safety in the workplaceThis can include verbal abuse or threats as well as physical attacks. These pages explain what HSE is doing to address the issue of work related violence ...
http://www.hse.gov.uk/violence/index.htm

health & safety information, Violence & AggressionVerbal abuse and threats are the most common type of incident. ... Violence at work leads to poor morale among staff and a poor image for the organisation. ...
http://www.sahw.co.uk/main-section/workplace-topics/violence.cfm

[PDF] SMOKING BAN ENFORCEMENT POLICYFile Format: PDF/Adobe Acrobat - View as HTML
Assent in July 2006 and will come into force in England on 1. st. July 2007. This. introduces a comprehensive ban on smoking in enclosed public places and ...
http://www.stalbans.gov.uk/business/healthsafety/documents/smoking_ban_enforcement_policy.pdf



DO IT!

Answer 9

I am all in favour of the smoking ban but no receptionist should ever be expected to put themselves at risk by trying to enforce such a ban and I suspect the law would take a similar view.

I suggest she speaks to her union if she has one or a specialist solicitor to see whether, if she left, she would be able to sue for constructive dismissal.

Answer 10

firstly, if it is not in her job description, then sje does not have to do it.

Secondly, if her employers have told her she must do it and she fears for her safety, then she can refuse.

If her employer threatens disciplinary action, I would suggest she takes her own action by contacting an employment solicitor and have them take up her case. She can quit and claim that she had no other choice but to leave (contructive dismissal)