Smoking in Designated Area at Work

Pont

I'm not asking opinions regarding smoking as a choice/habit etc - lord knows that question has been asked hundreds of times over!

At work today I noticed a sign (outside) had gone up stating,

'Designated smoking area - visitors to site only. Members of staff are forbidden to smoke anywhere within the confines of this site'.

Is this enforceable/legal/? Views please.

I could understand it if the sign said that NOBODY could smoke within the confines of the site or alternatively if EVERYBODY could smoke in the designated area. Just seems a little 'odd' to state some can, some can't?

DevCoder

Yes, being a visitor or employee is not a discriminatory reason.

If the had said, only females can smoke here, or only heterosexuals then that would be unenforceable and illegal.

Auntie-Dolly

I expect so - they aren't paying the visitors wages.

Takeaway_Addict

one person smoking outside in the agreed area occasionally doesn not give of the same awful look of multiple members of staff having a fag break.

Yes its enforceable

Pont

Krisdorey - yes I understand this wouldn't come under discrimination legislation but a couple of interesting comments were made today.

For example, during authorised breaks (for which employees aren't paid for, therefore the breaks are not in contracted work time) are 'staff' technically employed during their break periods? If not, how can an employer dictate what they do during break periods? Which leads onto if an employee is not 'employed' during their work breaks, are they then a visitor to the site during their lunchtime for example?

Just wondering ...

Pont

Auntie-Dolly wrote: »

I expect so - they aren't paying the visitors wages.

Nobody is paying the visitors wages - they are unwaged so to speak.

Pont

Takeaway_Addict wrote: »

one person smoking outside in the agreed area occasionally doesn not give of the same awful look of multiple members of staff having a fag break.

Yes its enforceable

However, the net result will probably be that members of staff will now move from the rear of the building to standing outside on the main street (which is outside the confines of the site) hence more of an 'awful' look.

Takeaway_Addict

Pont wrote: »

However, the net result will probably be that members of staff will now move from the rear of the building to standing outside on the main street (which is outside the confines of the site) hence more of an 'awful' look.

I doubt it...

tomtontom

You are still an employee during your break. An employer can dictate what employees (and pretty much anybody else) does on their premises, whether in work time or not.

tomtontom

Takeaway_Addict wrote: »

I doubt it...

My local hospital banned smoking in the grounds. All the staff do now congregate on the road outside the main entrance instead. It's silly because they do have areas that could be used for smoking away from other staff and patients, but rather than thinking it through imposed a blanket ban.

Pont

tomtontom wrote: »

You are still an employee during your break. An employer can dictate what employees (and pretty much anybody else) does on their premises, whether in work time or not.

I can see your point. However, I would have thought it would have been a more productive policy to ban EVERYBODY from smoking on the site rather than differentiate between staff and visitors.

It was also pointed out today that our visitors are on site for less than an hour so could probably do without sneaking out the back for a quick cigarette.

Out of interest I just googled UNISON's viewpoint (Local Authority workplace). Seems like they aren't so keen on banning staff from smoking outside (whilst maintaining a PC stance of course ).