Employees using e-cigarettes at work – is this covered under no smoking rules?

With the increasing use of e-cigarettes you should consider your position regarding their use or restriction in the workplace.

This has recently been discussed at the Employment Tribunal in the case of Insley v Accent Catering where a catering assistant was observed smoking an e-cigarette on school premises, in view of pupils. The school considered this to be a gross misconduct offence, and she was invited to a disciplinary hearing, charged with bringing the catering company into disrepute by smoking an e-cigarette, but the employee resigned before the hearing could take place.

A claim for constructive dismissal by the employee failed as it was held that there had been no breach of mutual trust and confidence because the employer had "reasonable and proper cause" for taking disciplinary action in this instance.

However, while the employer regarded e-smoking to be the equivalent of smoking, the employee had not been informed of the rule allegedly broken, because there was no rule in place banning the use of e-cigarettes. The only potentially relevant policy in place was the no-smoking policy. Had the employee attended the disciplinary hearing and been dismissed for gross misconduct it would then have been very interesting to see what the Tribunal would have decided! It is likely that the dismissal would have been unfair as the employee had not been advised of the rule.

E-cigarettes are not covered by the law on smoking and there is no legal requirement to ban them at work. If you wish to restrict, or even ban e-cigarettes, a clear policy on this is imperative, further this will need to be communicated to employees and visitors or third parties on your premises. 

To discuss changes to your smoking policy please contact us on 01245 261883

Employing young people will cost you less!

On 6th April 2015 an National Insurance break was introduced which specifically benefits employers who employ anyone under 21 years of age. 

 

Employers will not have to pay the 13.8% Class 1 National Insurance.

The Government have made it clear that this incentive is to encourage the employment of younger people and was announced back in 2013 by George Osborne.

This may be a good time to see if you can hire a younger worker.  It will also apply to any existing employees who are under 21 years of age.

Unfortunately, your younger employee does not get the same tax breaks and will be subject to employee's NI contributions where appropriate. 

Uf you require further help on this contact us on 01245 261883

Requesting Criminal Records - Now a Crime...

Some employers ask employees or job applicants to obtain a copy of their criminal records by making a subject access request under Data Protection Act, i.e. ask the police directly for a copy of their records.

On 10th March 2015 this sort of request became a criminal offence (with unlimited fines).  This is because such requests could lead to the disclosure of excessive personal information which can include details such as spent convictions which are not disclosed after 5 years.  This is prohibited under the Data Protection Act and is now a new offence.

The good news is that you can still make requests using the Disclosure and Barring Services (DBS - formally CRB's). You may only carry out this type of check where the job is eligible for one.  This includes working with children or vulnerable adults.

To discuss this in more detail please contact us on 01245 261883