Smoking at work

Abbafan1972

I am a non-smoker and started a new job in January. I already knew the boss as I worked for another local company to this who is in roughly the same business, so I was aware of the lack of health and safety.

Basically it's a factory, but I work in the office which is close to all the machinery and it can get noisy. Most of the workers are smokers and the guy I work with in the office goes outside to smoke, so I am not affected by this in any way at the moment.

Anyway, last year the boss bought some upstairs office space, he has an office up there and I am supposed to be moving up there anytime soon where it's quieter and I can hear people talking on the phone. It was the bosses choice to move me.

The only problem I have with this is the boss smokes in the office upstairs and there is a permanent fog in there. You can smell it at the foot of the stairs as soon as you open the door. The office isn't ventilated and I am due to move into the office next door.

I am not sure now if I want to move up there now because of the smoke, there are toilets up there which I go up to use as he has filled up the ladies toilet downstairs with bags of leather and you can't get in there now. The only other woman that works for them, uses the workroom upstairs and smokes in the toilet. Also the boss smokes in the toilet, leaves the nubs on the floor and the other day there was ash in the sink.

I know the smoking laws, but not sure what to do, as the boss is nice to me, but I don't think he would stand me complaining about it and would get rid of me! Not only is there smoking upstairs, but there's no signs anywhere.

Help!

ETA:- given the choice I wouldn't have took this job, but I got made redundant and was claiming jobseekers and couldn't afford not to accept this job.

Lagoon

If it were me, I would refuse to work in those conditions and if I lost the job, so be it.

It depends how important that particular job is to you, though. Have you expressed your feelings? If he's not shown much concern when you've mentioned it, then I'd be looking elsewhere.

LittleVoice

Lagoon wrote: »

If it were me, I would refuse to work in those conditions and if I lost the job, so be it.

It depends how important that particular job is to you, though. Have you expressed your feelings? If he's not shown much concern when you've mentioned it, then I'd be looking elsewhere.

Seconded. ............................

AP007

I thought smoking was illegal in an office?

claire16c

Whats hes doing is illegal. Im pretty sure you can report it online without putting your name down. So prob best to do it before you get moved!

93123

Lagoon wrote: »

If it were me, I would refuse to work in those conditions and if I lost the job, so be it.

It depends how important that particular job is to you, though. Have you expressed your feelings? If he's not shown much concern when you've mentioned it, then I'd be looking elsewhere.

I'm not sure the OP (or any of us in fact) could afford to do that.

It's illegal, like others said, see if you can report him anonymously.

AP007

93123 wrote: »

I'm not sure the OP (or any of us in fact) could afford to do that.

It's illegal, like others said, see if you can report him anonymously.

Make sure you take photos of the stubs OP

Abbafan1972

Thanks.

I am going to mention it next week (I'm not in till Tuesday). I might mention it in a subtle way to the chap I work with in the office.

But obviously if I report him after I've said something and he does nothing about it, then they would know it was me.

I know I can't afford to lose the job, but if he did sack me, surely I could claim for unfair dismissal?

AP007

Abbafan1972 wrote: »

Thanks.

I am going to mention it next week (I'm not in till Tuesday). I might mention it in a subtle way to the chap I work with in the office.

But obviously if I report him after I've said something and he does nothing about it, then they would know it was me.

I know I can't afford to lose the job, but if he did sack me, surely I could claim for unfair dismissal?

How long have you been there? More than 2 years?

If it was me I know what I'd do but then I am not most people.

If I asked them not to smoke and they did and I said it was against the law then they said they sack me Id say I have photographic proof and would report them

They will/could just threaten you with the sack as companies think no one would speak up

Natb8886

I would suggest, say to him you are happy to do the job, but you wish to be placed in an office elsewhere. If he asks why, state that the smoky office is a health and safety issue that will be putting your health at risk and is also illegal under work place smoking bans. Say that you have no problem with him being a smoker but that you cannot work within such a smokey environment. Either he stops smoking or he accommodates you in another office somewhere to do this job. As a smoker, he has probably never even realised that this may be an issue for you (even if he is aware it is illegal). If you don't say anything he will assume you are just not bothered by the smoke, and it won't be too difficult for him to figure out who is responsible if an "anonymous" complaint is made. Better to just come out and say you can't work in that condition rather than going behind his back to screw him over.

anamenottaken

Abbafan1972 wrote: »

Thanks.

I am going to mention it next week (I'm not in till Tuesday). I might mention it in a subtle way to the chap I work with in the office.

But obviously if I report him after I've said something and he does nothing about it, then they would know it was me.

I know I can't afford to lose the job, but if he did sack me, surely I could claim for unfair dismissal?

Yes - you have a statutory right not to work in a smokey environment.

However you would need to prove that a dismissal was for the reason that you were trying to assert your right.