Briefing: More and more employees starting smoking - time to quit?
Despite the steady decline in people smoking following the UK ban on smoking in pubs, restaurants, most workplaces and work vehicles in 2007, the Office of National Statistics has reported a 25% increase in people taking up smoking during the first COVID-19 lockdown in 2020. It is no secret that smoking has negative impacts on your health. With at least 15,000 UK heart and circulatory disease deaths attributed to smoking each year, should employers start taking steps to help their employees stop smoking? In this briefing, Pam Loch looks at the issues.
Why should employers be helping staff stop smoking?
From a productivity and financial perspective, it makes sense for employers to consider helping staff stop smoking. A recent survey found that the average smoker has approximately 2.7 more sick days per year compared to non-smokers, which results in around £4.7bn lost productivity in UK businesses. The health risks associated with smoking can easily develop into disabilities, which then imposes obligations on employers to make reasonable adjustments under the Equality Act 2010. These adjustments may bring with them additional costs for the employer.
As we know, smoking is highly addictive. Some employees are prepared to risk smoking at work, knowing it will breach their employer’s no smoking policies, ultimately leading to dismissal. This could lead to employees potentially bringing Tribunal claims but also the cost and risk of recruiting a new employee. Their decision also exposes employers to fines of £2,500 if employees are found to be smoking in enclosed areas.
There is also the wellbeing aspect. From an individual’s perspective, the benefits of stopping smoking can be felt almost instantly – heart rate and blood pressure begin to return to normal after just 20 minutes. Breathing also begins to improve, which results in exercise becoming easier after just two to 12 weeks, which enables individuals to get active – a widely recognised way to help maintain good mental health and improve mental ill health. Promoting your business as one that takes a holistic approach to wellbeing can make you a more attractive employer to recruit and retain staff, which is especially important in this challenging recruitment market.
What do employers have to do?
As well as complying with no smoking legislation, employers are legally obliged to look after the health and safety of their staff and that involves providing a safe and healthy working environment. This also applies to the home working environment.
The increase in smoking is likely a psychological response to the uncertain times we have been experiencing through the COVID-19 pandemic. People often use smoking as a way of calming nerves or anxious thoughts. Being furloughed or working from home has also meant that more staff had time and freedom to smoke in their own home.
With many staff either working from home now or in hybrid working arrangements, should employers consider banning smoking at home during working hours to ensure they meet their legal obligation to look after the health and safety of their staff? Some local councils and other employers in the private sector have been introducing no smoking while working at home policies. However, some employees may not appreciate their employer trying to help look after their health and safety and instead see it as a draconian measure that will also be incredibly difficult to enforce in any event. Are there better ways to help staff stop smoking?
What can employers do to help staff stop smoking?
There are a number of ways employers can help their staff to reduce or give up smoking. Wellness checks are a cost-effective way to address this without treating smokers differently. These can be undertaken for all staff and help to identify health concerns often associated with smokers.
Other steps employers can take include:
- Increasing awareness of the effects of smoking by involving local charities or health providers.
- Having a wellbeing policy highlighting the benefits of not smoking and a wellness day to encourage positive discussions about wellbeing and health and not smoking.
- Offering special one day sessions from charities like QUIT to help smokers stop smoking.
- Fully or partly funding counselling sessions or programmes to help staff stop smoking.
- Keeping up to date with employees who have decided to quit and celebrate milestones they hit.
- Allowing time off for attendance at counselling or group sessions.
You could also utilise a trained mental health first aider on site to support employees in making the change, so they can help identify when an individual is perhaps struggling or may be close to starting again once they have committed to stop.
Smoking policies
Regardless of what approach employers take to smoking, it is essential that organisations have a smoking policy. The policy should set out the business’ duty to provide a safe working environment, which upholds the ban on smoking in the workplace and work vehicles. Although they are not yet regulated by statute or under health and safety rules, policies should cover the use of vaping and e-cigarettes. It should also set out the employer’s position on where employees are permitted to smoke and if there is an entitlement to smoking breaks – which can often become a bone of contention if not set out clearly in a policy.
It is entirely down to the employer’s discretion whether they allow additional smoking breaks or not. However, caution should be exercised here, and employers need to ensure they do not favour employees who smoke by allowing them breaks that would not be available to non-smokers. It is essential all employees are treated equally so there is no risk of perceived unfavourable treatment.
With National No-Smoking Day on 9 March 2022, now is the ideal time for employers to revisit how they approach smoking and think about what they can do to help their teams become healthier and fitter by stopping smoking.
Pam Loch is an Employment Solicitor and Managing Director of Loch Employment Law.
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