First E-Cigarette Tribunal Case Highlights A New Employment Issue For Employers

Businesses Urged To Review Smoking At Work Policy But Also Consider Health Of Employees

11.02.2015

David Shirt, Press Officer | 0161 838 3094

Businesses are being advised to review their smoking at work policies following the first employment tribunal case in the UK involving the use of e-cigarettes.

The case of Insley v Accent Catering focuses on a school catering assistant  who was seen using an e-cigarette on school premises in front of pupils.

The headteacher reported the incident, as smoking was not allowed on school premises, but before a disciplinary hearing, the employee resigned claiming that she had been constructively dismissed by her employer.

The claim was dismissed by the employment tribunal but it indicated that if the school had attempted to dismiss her on the grounds of gross misconduct, they would have risked an unfair dismissal claim as their smoking policy did not stipulate that that use of e-cigarettes was prohibited.