Just Had these responses from LO; So they are now our employers eh? If anyone can identify the 2010 crown court appeal be good to hear from you.
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For your information in 2010 we had a Crown Court appeal over a driver smoking e cigs in a works vehicle the on the grounds that they were exempt from the legislation. The Judge dismissed the appeal and held that the original conviction at Magistrates was correct in law. The fine and costs for the offence were £1100. Hope this helps.
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XpertHR website-
Smoke-free legislation
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Should employers allow employees to use e-cigarettes in the workplace?
Electronic cigarettes ("e-cigarettes") are battery-powered products that release a visible vapour that contains liquid nicotine that is inhaled by the user. E-cigarettes fall outside the scope of the smoke-free legislation. Section 1 of the Health Act 2006 defines "smoking" as "smoking tobacco or anything which contains tobacco, or smoking any other substance", and states that "smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked". Therefore, employers can choose to allow employees to use e-cigarettes in the workplace.
While some employers may allow employees to use e-cigarettes in the workplace, many will prefer to ban them, typically in their smoking policy, and inform employees that their use will result in disciplinary action. The British Medical Association (BMA) has published a briefing on e-cigarettes (PDF format, 112K) (on the BMA website). It states that the BMA believes that existing smoke-free legislation should be extended to e-cigarettes. While admitting that electronic cigarettes may help some smokers to give up, the BMA points to the lack of evidence on the health risks that they pose to the individual using them and those in close proximity.
Employers may also choose to ban e-cigarettes because some models can, particularly from a distance, look like real cigarettes, making a smoking ban difficult to police, and creating an impression for visitors, customers or other employees that it is acceptable to smoke.