Can you ban staff from smoking at home?

The law

Under the Health Act 2006 and the supporting statutory regulations smoking in most “enclosed” or “substantially enclosed” public places is prohibited.

In practical terms this means that virtually all workplaces, including offices, factories and shops must be smoke-free environments.

Interesting report

In September 2020 there were several media reports about a decision taken by Hammersmith and Fulham Council (HFC). Many of its employees have transitioned to homeworking due to the coronavirus pandemic.

Apparently, HFC had taken a decision to ban its employees who work at home from smoking at their desks during working hours.

Report denied

This decision was heavily criticised as being an “invasion of privacy” and HFC subsequently stated that the media reports were incorrect.

Nevertheless, the situation raises an interesting question: can you ban your homeworking employees from smoking at home? After all, if they were sitting at a desk in your workplace, they wouldn’t be allowed to smoke.

A residential exemption

The smoke free legislation provides an exemption for all private residential accommodation, such as an employee’s home. Equally, you aren’t specifically required to prevent employees who are homeworkers from smoking during working hours. That’s the legal position even if the employee’s home is nominated as their permanent place of work.

Looking unprofessional

However, it won’t look professional if an employee sits through a video conference call chain smoking.

For this reason you may wish to introduce a rule which says that employees must refrain from smoking during video calls. You could extend this rule to e-cigarettes too.

Tip. If anyone objects to or challenges your no smoking rule, tell them that all video calls are deemed professional settings and you apply the same rules and standards as those which are applicable to any face-to-face meetings held in your workplace.

Tip. You can also ask employees to refrain from smoking if they are visited for work purposes at their home by another employee. They don’t have to comply but if this request is challenged, you could point out that you have a legal duty to protect employees from second-hand smoke.

Tip. On the flipside, you are within your rights to prohibit employees from smoking where they visit a third party, e.g. a colleague, customer or client, for work-related purposes.

Tip. Company cars must be smoke free by law where they are used by more than one person. You can extend this rule to company cars that are used by one person.