Smoking IS banned in public open space

[Madhatter]

NURSES were today ordered to "stub it out" – even when going home.
Staff at Lancashire Care Trust – which runs mental health services across the Fylde coast – are now banned from lighting up while wearing their uniform or ID badge.
It is part of a tough clampdown on tobacco that states workers may not be seen smoking in public places while in uniform, even if off-duty.
The new Smoke Free Policy, brought in this week, also forbids staff from having a cigarette in their own cars while on trust business or in cars parked on trust premises.
Those who fail to comply with the ban could face disciplinary action if they repeatedly flout the rules.
Trust bosses also expect staff to refrain from lighting up when they attend meetings or other events at venues when smoking is allowed.
A spokeswoman said: "Staff are being asked to not smoke while in uniform for example if they were on their break and going to the shop or if they were out and about in the community seeing patients when walking down the street."
But pro-smoking lobby Forest (Freedom Organisation for the Right to Enjoy Tobacco), today labelled the new policy "ridiculous" and "petty".
Director Simon Clark said: "It's one thing to say people cannot smoke at work, but it's totally different to stop them smoking in their own car or on their way home.
"Are people who have the temerity to light up on their way home after a stressful day at work to be sacked? What's next? Will bosses stop nurses having a drink on their way home?"
The moves are part of a wider policy to completely stub out smoking at Lancashire Care Trust, in line with Government white paper Choosing Health.
Other local NHS trusts have already announced their plans to go smoke-free, including bans extending to car parks.
Uniformed professionals elsewhere have not been hit with such strict demands.
Lancashire Ambulance Trust does not allow staff to smoke in uniform while on NHS premises, including in ambulances. The police do not stop workers lighting up while off duty in uniform.

www.blackpooltoday.co.uk/ViewArticle2.aspx?SectionID=62&ArticleID=1674917

This is the start of it, the start of a total smoking ban. When this gets accepted as acceptable it will pave the way.

[arkad]

I think they'll have a difficult job taking disciplinary action against someone that breaks the rules. If it were me I'd make sure I smoked more often in my own time and in my own car making an extra effort to let management see me doing it. What can they do? Sack the smoker? I would be hoping they sacked me so I could take them to court for unlawful dismissal!

I've been smoke-free for just over a week but if I worked there I'd be very tempted to start again on a matter of principal! Maybe 'management' time would be better spent offering help and support for those that want to quit.

[Madhatter]

If it's in your contract doesn't that make it lawfull?
It's only things like sex discrimination, racism, and being asked to do things not in the job description, contract that count to unfair dismissal.

[arkad]

For existing employees, it would mean an alteration to the contract. Both parties must agree to any changes.

Banning smoking is taking away a person's liberty and therefore their human rights. Imagine being told by the company you work for that you cannot eat in your own car on your way home from work. As daft as it sounds, it's essentially the same thing. Employers do not have any legislation over that time or place.

The NHS (of all organisations) should understand that smoking is an addiction and something that cannot be controlled with bans. People will still smoke. Smokers understand that they are risking their lives by doing it, so risking their jobs won't stop them!

[missy]

As Arkad said, only new employees can be subjected to the ban.
If they are fool enough to sign a contract of employment that also places rules on their personal life.
However existing employees would have to be consulted about a new term in their contracts and they would need to draw up new contracts for all existing employees who agree, however they cannot enforce this on any employee who does not agree to sign a new contract which places such ridiculous terms on their personal life.

[Madhatter]

Those who fail to comply with the ban could face disciplinary action if they repeatedly flout the rules.

How do they do that then? There's got to be something in their existing contracts to enable then to add the new rules.

I don't smoke and haven't for years and I do think that nurses in uniform smoking are setting a bad example. I also think that I should be able to go in to a pub and breath clean air and not go home stinking of smoke.

Is the smoking ban in pubs in force yet?

[arkad]

Like I said, they cant do that other than by making employees agree to the new rules.

I think nurses smoking in uniform is a good example that anyone can become addicted to the weed, even if they have first-hand experience of the illnesses it can cause. A bad example? I think not. Nurses are as much entitled to smoke as anyone else and can just as easily get addicted.

[Madhatter]

I don't see why they'd need to sign new contracts to impose a smoking ban while wearing a works uniform or badge, it's a ban while they are wearing it, not a ban on smoking outside the hospital.
I do think smoking should be banned in hospitals and grounds though.
I've never signed a work contract in my life so I dunno how they work though. I'd have thought it would all depend on the wording of the original contract.