An employee working in a secondary school has recently lost a constructive dismissal case. She had resigned in response to pending disciplinary proceedings after she was seen vaping an e-cigarette in front of pupils.
There isn’t much to learn from this case apart from the fact that employers should make clear their rules about the use of e-cigarettes or other nicotine containing devices at work.
Do you want to prohibit them in the same way you do cigarettes or will there be a more relaxed approach?
Employers working in the retail sector or with children are unlikely to want to allow employees to vape freely but other sectors may decide differently.
Whatever you decide the important part is to communicate this to your employees. If you don’t do this you may find it difficult to take action against those who go against the rules.
Posted by: Clare Nicolaou Employment lawyer, Novalex Solicitors