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Does anybody know where in the statutory framework (other than page 27) that it says anything about smoking?


I was sure that it said something about members of staff should try to minimise the effects of their smoking by not 'smelling' of smoke ie clean hands, change clothing as appropriate but I can not find it anywhere.


Can anybody shed some light on this please.

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Really tricky this one isn't it.....found the following link re employment law....don't know if that helps.


Found a bit more....food for thought;

Do you wish to adopt a policy of only recruiting non-smokers? Easy in theory, insert "… non-smokers only need apply …" in your adverts. However, it is almost impossible to prove someone is a non-smoker so it might be more effective to state words to the effect, "….. this is a non-smoking organisation, etc …".


Certainly it is much easier to recruit people where they have accepted employment knowing that there will be no breaks for smoking. Thus over a period of time, through natural wastage, all "smoke break entitlement" employee will disappear from the business. If this is not going to be quick enough for you then you will need to adopt a more proactive approach.


Above taken form here

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Thanks for that Sue


Me and one other member of staff are (dare I say it Smokers) However we are both really good and do not smoke between the hours of 8.30 and 3.30 whilst we are at setting. We have the opportunity of taking on another member of staff who we know to be a smoker and just want to make sure that we set out rules and regulations for this.


Can we say that although we have a 20 minute break between sessions she can not have a cigarette as the smell will linger on her clothing etc etc.........


As a smoker I understand that it could be very difficult for her to go without a cigarrette all day, however I really hate the smell it leaves on your clothing, hair and hands!



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It is not just the smell, unpleasant as it is, it is the toxins - smokers are still breathing out smoke for up to 30 mins after smoking, and chidren shoud not be breathing that it.


Can the policy state no smoking on premises, working hours, uniform?

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