E-cigarettes Employment Tribunal


By Rachel Foster
on 23 February, 2015

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"Vaping" employment tribunal

As e-cigarettes become more popular, the first employment tribunal case involving them highlights why school policies need to refer to this type of smoking.

A catering assistant has been suspended for using an e-cigarette on school premises. She resigned prior to a disciplinary hearing and claimed constructive dismissal. The tribunal indicated if she had been dismissed, it might have judged the dismissal ‘unfair’ as the policy didn’t stipulate e-cigarettes. Read ACAS guidance here.

Although considered less harmful than cigarettes, their impact isn’t yet fully understood and they create health and safety concerns, as well as potentially being contrary to the image schools wish to promote.

You may want to consider your position on pupils’ use of e-cigarettes too. A US study suggests more teenagers are trying e-cigarettes than tobacco. This briefing highlights the issues.

For information on HR support, please contact Rachel Foster on 0844 967 1112.

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