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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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After working for my employer for one year and three months,

Resolved Question:

After working for my employer for one year and three months, I have been told that the company policy is that no e-cigarettes are to be used on the premises. No signs were up in the office, nor was my attention drawn to such a regulation. I have been e-cig using in the office the whole time I have been there and no-one has complained. There is a new manager who has decided to implement the company wide policy. She has given me a week to adapt. Is it legal for my employer to do this, especially in the light of the recent ASH findings about e-cigs? This all seems grossly irrational to me and contrary to my human rights - why should I be banned from doing something that hurts no-one else? Do I have a grounds to resist?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me if you have seen this policy or has it just been relayed by word of mouth
Customer: replied 3 years ago.

I have seen the policy. A colleague searched for it on the company website and printed it out for me.

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Expert:  Ben Jones replied 3 years ago.
Thanks for your patience. I am afraid that you have no legal leg to stand on here in order to challenge the employer’s decision to ban e-cigs. The employer has the right to ban them from the workplace, even if they do not harm anyone directly. It is not a matter of human rights when it comes to smoking or inhaling nicotine or smoking e-cigs – we are not talking about your basic rights like drinking water or eating food at work and there is no law in the UK that would allow you to argue that you should be allowed to continue using these e-cigs in the workplace. There is no discrimination in law as it does not fall within the definition of what discrimination is and as such you need to comply with the employer. You must also bear in mind that you are quite vulnerable in this point of time in terms of potential dismissal as you are not protected against it until you have at least 2 years’ service with the employer. So if you are being difficult about this and refuse to comply, then you can legally be dismissed very easily and won’t be able to challenge it at this stage.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything, or if not please leave a positive rating to close the question. Many thanks
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