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Jenny
Jenny, Solicitor
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what is the UK legal situation if I want to specify non smokers

Resolved Question:

what is the UK legal situation if I want to specify non smokers so that there is no smell of smoke in my fabric workshop?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Who is it you wish to prevent from smoking? Customers or staff?

Customer:

All staff - I don't want to employ smokers because the smell permeates into their clothing.

taratill :

Hi it is against the law in the UK for employees to be allowed to smoke in the Workplace and has been since 2007. This means that employers and business owners are legally obliged to stop employees from smoking and to put signage up saying that smoking is prohibited.

taratill :

You can be subject to a criminal fine if you fail to adhere to this.

taratill :

This means that there will be no problem specifying non smokers at all as this is normal now in the UK.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

That is Not my point. I do not want to employ people who smoke at all. I can not afford to ruin expensive cloth and customers do not want to smell smoke on their products. Can I stipulate non smokers for employees?

taratill :

Hi I'm sorry I missed your point. Yes there is no problem in doing this as so long as you do not discriminate against an employee contrary to the Equality Act 2010 you can recruit who you like and it is fine to specify non smokers.

Customer:

thanks. But I think your disclaimer is misleading. I asked for legak advice but you are saying it is not "legal

Customer:

thanks but I dont understand how the advice which you promote as legal is not!

taratill :

The disclaimer is just saying that we are not acting as a firm of solicitors. What I am saying is legally correct.

Customer:

oK

taratill :

I am a practising solicitor but I am not giving advise in this context through a law firm just a question and answer site which is why the site gives the disclaimer.

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