Smokefree Places
United Kingdom
Scotland was the first country in the UK to implement a legal ban on smoking in the workplace in March 2006. The law applies to most indoor workplaces and public places, with limited exceptions, such as prisons and designated rooms in residential care homes. These are set out in the regulations.
UK Scotland - Smoking, Health and Social Care (Scotland) Act 2005 (External Web Page)
Scotland was the first country in the UK to implement a legal ban on smoking in the workplace.
The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (External Web Page)
The law applies to most indoor workplaces and public places, with limited exceptions, such as prisons and designated rooms in residential care homes. These are set out in the regulations.
England, Wales and Northern Ireland
The Health Act received Royal Assent in July 2006 and entered into force in April 2007 in Wales and Northern Ireland, and in July 2007 in England. As in Scotland, the law covers virtually all indoor workplaces with very limited exemptions for workplaces that are also places of residence.
The Health Act 2006 (External PDF)
An Act to make provision for the prohibition of smoking in certain premises, places and vehicles and for amending the minimum age of persons to whom tobacco may be sold. 19th July 2006
Smokefree England (External Web Page)
Various regulations covering the implementation and enforcement of the smokefree law in England.
European Union
Although there is no EU-wide legislation banning smoking in workplaces or other public places, the EU Council adopted a Recommendation on smoke-free environments on 30 November 2009.
EU Council Recommendation on smoke-free environments (External Web Page)
On 30 November 2009 the European Council adopted a Recommendation urging Member States to provide effective protection from exposure to tobacco smoke in indoor workplaces, public places and public transport, with the measures to be in force within three years of adoption of the Recommendation. The Recommendation also urges Member States to reinforce the smoke-free measures with other polices including: smoking cessation programmes, the adoption of picture warnings on tobacco packs, the development of tobacco control plans as well as evaluation and monitoring tools.
The EU Council also called on the Commission to:
• Report on the implementation of the Recommendation
• Consider all product-related measures aimed at reducing the attractiveness and addictiveness of tobacco products
• Analyse the legal issues and the evidence base for the impact of plain packaging.
ASH Submission to EU Green Paper
Response to the European Commission’s Green Paper: ‘Towards a Europe free from tobacco smoke: policy options at EU level’.Green Paper towards a Europe free from Tobacco smoke (External PDF)
The aim of the present Green Paper is to launch a broad consultation process and an open public debate, involving the EU institutions, Member States and the civil society, on the best way forward to tackle passive smoking in the EU.
International
WHO Tobacco Atlas (Third Edition) (External Web Page)
Global statistics on tobacco. Includes colour maps and charts showing the scale of the world-wide tobacco epidemic.
Further information from ASH on International Law
Latest Archived Items - access the rest of the archive here
United Kingdom
UK Employment Rights Act 1996 (External Web Page)
In Force, Legislation England, Wales and Scotland only
Legislation to ban smoking in the workplace in England was passed in July 2006 and will enter into force in mid 2007. Similar law will apply in Wales and Northern Ireland. Scotland has already enacted legislation which came into effect in March 2006. Until the Health Act is implemented in England, employees may be given some protection in law by the Employment Rights Act and Health & Safety at Work Act.
Non-smokers may claim that smoking at work has caused them distress or forced them to leave their job and can cite the employer as being in breach of the Employment Rights Act 1996.
The contract of employment which regulates the relationship between employer and employee is subject to general principles of statute law. In addition to expressed terms within the contract there will also be ‘implied terms’. These may be implied by statute such as the Health and Safety at Work Act 1974, or by common law. Such implied terms include the common law obligation placed on employers to take care of employees. This obliges employers to take all reasonable steps to protect employees as soon as they are aware of a risk, or could be expected to be aware of a risk.
UK Health and Safety and Work Act (1974)
In Force Legislation England, Wales, and Scotland onlySection 2(2)(e) of the Health and Safety at Work Act places a specific duty on the employer in respect of employees:
"to provide and maintain a safe working environment which is, so far as is reasonably practicable, safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work".
This means that if a risk to health can be demonstrated, for example if a worker with a respiratory condition is forced to work in a smoky atmosphere which may make that condition worse, the employer must take action to deal with the risk. Health and safety inspectors can take enforcement action if necessary in these circumstances, but ultimately it would be for the courts to decide in a particular case whether the risk to health was significant.
