Labour Research July 2014

Law Queries

E-cigarettes at work

Q. My employer frowns on the use of e-cigarettes during break times. Is it illegal to use them at work?

A. No, unlike normal cigarettes, e-cigarettes are not covered by the Health Act 2006, which bans smoking in the workplace. This means that for now, an employer can decide how to deal with them.

Some of the arguments for e-cigarettes say that they help people to stop smoking and do not have some of the usual harmful and anti-social qualities of smoking. But there are other arguments against e-cigarettes including that they still look like cigarettes sending a message that smoking is acceptable.

As there is currently no ban on e-cigarettes, this might be an opportunity to speak to your union about negotiating an agreeable e-cigarette policy at work.

More guidance on e-cigarettes at work is available from Acas on www.acas.org.uk/index.aspx?articleid=4405