Smokers banned from using lifts

american_dreamer

Can this be legally enforced? I work on the fifth floor and we have just been issued with new building 'laws' for employers that state you may not use the lifts in work if you have just had a cigarette.


NB Yes I know I should just quit

tomtontom

I can't think of any law that would ban someone from using a lift after they have smoked. Have they also banned people with BO?

cazziebo

Good idea - I really object getting into a lift with a smoker, or just after one. As a smoker, you probably don't appreciate how strong the smell is.

It's not a law, it's a company rule and I can't think of any reason that they can't implement it. It's not discriminatory.

(and yes you should! )

tomtontom

cazziebo wrote: »

Good idea - I really object getting iainto a lift with a smoker, or just after one. As a smoker, you probably don't appreciate how strong the smell is.

It's not a law, it's a company rule and I can't think of any reason that they can't implement it. It's not discriminatory.

(and yes you should! )

It could be discriminatory if it disproportionately affects a group with a protected characteristic - more men than women, more British than Romanian etc. Indirect discrimination can apply to some pretty obscure situations!

Buellguy

cazziebo wrote: »

Good idea - I really object getting into a lift with a smoker, or just after one. As a smoker, you probably don't appreciate how strong the smell is.

It's not a law, it's a company rule and I can't think of any reason that they can't implement it. It's not discriminatory.

(and yes you should! )

And I really object to getting in a lift with someone who has BO/Curry last night/alcoholic drink at dinnertime (PS I'm not a smoker)

duchy

I'd ask ACAS

cazziebo

tomtontom wrote: »

It could be discriminatory if it disproportionately affects a group with a protected characteristic - more men than women, more British than Romanian etc. Indirect discrimination can apply to some pretty obscure situations!

Actually- you're right - it would be discriminatory for people unable to use stairs due to mobility or other health reasons.

It would be difficult to prove indirect discrimination for the groups you mention because smoking isn't significantly more prevalent in any of these groups.

I take the point about BO etc, but I don't think I've experienced a co-worker's BO to be as strong as the smell of a smoker coming back from a break. (Used to be worse in the days of smoke rooms - yeuch!)

Tombola591

What about wheelchair users? Unless smokers are banned completely from working at the company, they would have to allow them to use the lift after smoking.

american_dreamer

Thanks, I do appreciate the unpleasant smell for others... I always use breath mints and body spray to counteract this...


If it was a few floors then fine... but its five floors up! I'm quite fit (for a smoker), running the odd 5 and 10k's, but struggle with these darn stairs!!! It also increases the time I'm away from my desk...


Also not allowed is telephone calls... does anyone know if ACAS have an email address, I can only find a telephone number on their site

bluenoseam

Mints & deoderant from my experience do nothing but highlight the smell & often add an even more unpleasant aroma - just like the guys in PE who used to think a half can of Lynx was as good as a shower! I dislike having to share lifts with smokers & ultimately you have to look at the common sense here, it's annoy a minority OR annoy a majority.

tomtontom

cazziebo wrote: »

Actually- you're right - it would be discriminatory for people unable to use stairs due to mobility or other health reasons.

It would be difficult to prove indirect discrimination for the groups you mention because smoking isn't significantly more prevalent in any of these groups.

I take the point about BO etc, but I don't think I've experienced a co-worker's BO to be as strong as the smell of a smoker coming back from a break. (Used to be worse in the days of smoke rooms - yeuch!)

Some races/ nationalities have significantly more smokers than others - Russia is probably the most extreme but the Eastern European countries also have high levels in comparison to the UK. I'm not suggesting this is the reason for the ban but it doesn't need to be in order to be discriminatory.