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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can an employer stop you form using a prescribed inhalator

Customer Question

can an employer stop you form using a prescribed inhalator
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.Firstly can you tell me how long you have been employed there and was the company aware of you asthma condition.
Customer: replied 2 years ago.

I am healthy retired and volunteer on a farm. Another Volunteer uses an Inhalator constatntly. I thought the orgs policy was for smokers, vapors and therefore I assumed an inhalator user to go the specially built smokers shelter.

The inhalator has been prescribed but the org allows this in the rest area and eating area.

4 of the paid staff say it is acceptable.

Is this the case in law for say a restaurant or cafe attached to a supermarket.

My local fast food restaurant do not accept it nor does Asda.

The farm is open to the public!

Please respond if you can as I am still looking for an answer

Regards

MikeXXXXXXXXXXX

Customer: replied 2 years ago.

Relist: Incomplete answer. I am healthy retired and volunteer on a farm. Another Volunteer uses an Inhalator constatntly. I thought the orgs policy was for smokers, vapors and therefore I assumed an inhalator user to go the specially built smokers shelter. The inhalator has been prescribed but the org allows this in the rest area and eating area. 4 of the paid staff say it is acceptable. Is this the case in law for say a restaurant or cafe attached to a supermarket. My local fast food restaurant do not accept it nor does Asda. The farm is open to the public! Please respond if you can as I am still looking for an answer Regards ***** *****

Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Ben Jones replied 2 years ago.
Hello, I am afraid I was offline by the time you had replied which is why I have not been able to reply until now. When you mention a prescribed inhalator, I presume you mean one for asthma sufferers?
Customer: replied 2 years ago.

Have replied already.

I object to this organisation i work for as a volunteer allowing the use of a prescibed Inhalotor in the eating and rest area used by others. Is this allowed in law in other public places such as Cafe and Pubs/

Mike XXXXXXXXXXXXXx

Expert:  Ben Jones replied 2 years ago.
There are certainly no legal restrictions on the use of an inhalator and it cannot be treated in the same way as vaporisers because inhalators are used to treat a medical condition, it is not there for an addiction to something like smoking. Also the employer will be most likely acting in a discriminatory manner if they prevent use the use of an inhalator because a persons asthma is likely to amount to a disability in law and there are very strict rules on how disabled employees should be treated. For example the employer would have to make reasonable adjustments and to forbid the use of an inhalator indoors is most likely to be discriminatory. So there are no legal grounds on which those of an inhalator can be prevented and trying to do so could also amount to discrimination which would in itself be unlawful.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Many thanks Ben.

It is quite interesting that In restaurants and pubs that I frequent say they do not allow inhalators but could in effect be in the same position. The Irony for me is that I built the smokers shelter as one of usable skills. And more and more of the smoking volunteers are using inhalors indoors because they know it cant be challenged and cigarettes in the smokers shelter.

I have now changed volunteering day to another when very few smokers are present.

Mike XXXXXXXXXXXX

Expert:  Ben Jones replied 2 years ago.
You are welcome. Can I clarify anything else for you in relation to this?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.