Register opposition to smoking bans
Page 30
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Having read the item "Binmen urged to join smoke protest" (CM 23-29 July), which included a comment by pro-smoking group Forest, [wondered if you might be interested in developing this point, for three reasons.
First, the advice to formally register opposition to a smoking ban arises from decisions at industrial tribunals and guidance that these provide.
Through industrial tribunal decisions it has become established that a smoker opposing a ban should register this opposition at the earliest opportunity, and not wait to complain until the policy comes into force (see insert 3.3 of the Forest consultancy pack entitled Smoking in the Workplace).
A contributing factor in the failure by smokers to win cases has been this failure to register their protest. Moreover, unless an employer is made aware that a policy is unpopular, he continues in the belief that it is popular, and only when problems arise is consideration given to the proportion of the workforce that smokes. These problems can be avoided if due consideration is given from the outset.
Second, albeit on only a few occasions, Forest has been asked to advise on how to deal with the issue of smoking in company vehicles.
This is covered in part by insert 4.3 under the heading "Maintaining equality of treatment", and then at the bottom of the first page of insert 5.3, where it appears in Policy Communication Notice No3, Finally, assuming that your main audience comprises those involved in managing commercial fleets and the employees who operate them, a more detailed article reviewing the situation regarding smoking and non-smoking in the workplace might be useful to them.
Marjorie Nicholson, Director, Forest,
London SW1.