E-cigarettes in the workplace

The recent tribunal case of Insley v Accent Catering highlights the importance of employers putting in place a written policy that covers the use of e-cigarettes, or vaping, in the workplace.

The use of e-cigarettes may not be covered by a prohibition on smoking in an employer's smoking policy, as e-cigarettes produce vapour when a liquid nicotine cartridge is heated in contrast to smoke from lit tobacco. The employment tribunal indicated in Insley v Accent Catering that a dismissal for using an e-cigarette may not be fair if the applicable smoking policy does not expressly prohibit the use of e-cigarettes.

To help employers ensure that their smoking and discipline policies include e-cigarettes, we have updated our model smoking policy and discipline policy to cover the use of e-cigarettes. The model smoking policy sets out a number of options, allowing employers to choose the most appropriate wording for their circumstances.

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