Current employment legislation discrimination claims can only be brought on grounds of sex, race, disability, sexual orientation or religious belief. There are no laws that directly prohibit discrimination against smokers and there is nothing to prevent employers from refusing to recruit smokers.
Does addiction to nicotine count as a disability under the Disability Discrimination Act? Because this addiction to nicotine is considered to be self-inflicted, there is no protection for smokers under this Act. A smoker who's job application was rejected could only claim disability discrimination if they had other health problems associated with smoking, such as lung or heart disease and that was why their application had been turned down.
Taken from
this site
I also agree with M747s second comment
