On Valentine's Day, Parliament voted to ban smoking in the workplace (apart, surprisingly, from the Palace of Westminster). The ban, which is due to be implemented in summer next year, has been hailed as a positive step by employers and employees, with TUC General Secretary Brendan Barber claiming it as a major victory for unions and crediting trade unions as being principally responsible for its introduction.

That may or may not be the case, but it is likely to be those same unions who next summer will be taking issue with the steps taken by employers to implement the ban. The North-East has a higher percentage of smokers than any other region in the UK and, consequently, the ban is going to have a disproportionate effect here. Although most office environments, and virtually all public sector workplaces, are now totally smoke-free (Northumberland County Council, for example, introduced a total ban at the beginning of this month) there are still many smoking rooms, bait rooms, workshops and staff rooms throughout the North-East where smoking continues.

Smoking breaks are seen as a contractual entitlement. Many employees will claim that it is not up to the Government or to their employer to dictate whether they should smoke or not. Others will claim that their addiction to nicotine means that they are simply unable to get through an eight-hour shift without cigarettes and their GPs might be asked to take the bizarre step of confirming in writing that smoking is actually beneficial to such people. Employers will face requests for additional time to leave the premises for smoking breaks and will have to deal with the argument that employers have a contractual right to smoke that cannot be removed.

While the forthcoming ban is, of course, a huge step forward for the nation's health as a whole, its impact on one of our region's longest and dearest-held habits ought not to be underestimated. Employers need to start consulting with their workforces and planning for the ban now.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 28/02/2006