This is a preview. To continue reading please log in or Register to read this article

Contracts of employment: Smoking ban upheld

This report relates to 1 case(s)

  • expand disabled

    Dryden v Greater Glasgow Health Board [1992] IRLR 469 EAT (0 other reports)

In the absence of any specific express or implied contractual term giving employees a "right to smoke", an employer is at liberty to introduce a smoking ban in its workplace by amending its working rules, holds the EAT in Dryden v Greater Glasgow Health Board. Provided that such rules are introduced for a "legitimate purpose", and after reasonable consultation and notice, the fact that a particular employee experiences special difficulties in complying with the new policy cannot in itself justify a finding that the employer has repudiated the contract of employment.

Between 1977 and 1991, Ms Dryden was employed as a nursing auxiliary in the theatre section of the Western Infirmary in Glasgow. Her employer, the Greater Glasgow Health Board, had for some years operated a limited no-smoking policy, under which smoking continued to be permitted in certain specifically identified areas of its premises.