It was only a matter of time before electronics got its clever bionic fingers on cigarettes. Now e-cigarettes are everywhere – including at work. But how many employers have amended their smoking policies to cover e-smoking? It’s a real issue. “Vaping” has earned itself a place in company rules.
This point was highlighted by a tribunal in Insley v Accent Catering. A school catering assistant was accused of using her e-cigarette in full view of pupils. She resigned before her disciplinary hearing and brought a constructive dismissal claim. It failed because the tribunal said that the employer had acted properly. But the tribunal made it clear that had Ms Insley been dismissed then the school’s smoking policy would have become relevant (and dismissal might have been unfair). In this case, while the policy prohibited smoking on school premises, it didn’t say the same about the use of e-cigarettes.
If you do one thing today, contact us and we can update your policy!