Contracts of employment: Smoking ban upheld

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.