Originally Posted by FJJP
You CAN ask about smoking and you CAN refuse to employ a smoker. Even easier if you mention no smoking in the advert for the post.
If you list essential and desirable criteria that the candidate has to meet, you can always argue the case, under the desirable criteria, for the candidate of your choice. And if 'non-smoker' is listed under essential criteria, then you don't even have to interview [provided you don't breach disability discrimination laws].
It's a minefield out here....
Good advice. I recall a case recently where a woman was employed by a firm with a states no-smoking policy. On day one they found her smoking off the premises. She was summaraily dismissed.
The appeal tribunal found against her on the grounds that the employment was specifically for a non-smoker.
Given that the MOD will be introducing swinging no smoking rules in the next few months at the very least you should draw their attention to this.
AFAIK there is no requirement to provide a smoking rule and there is nothing in the rules to stop you imposing smoking zones, and around the entrance is not one of them. I have banned smoking and I have not provided a smoking room. IDC smoking will be banned in all authority vehicles and within the site.
On a secret base near here the peole with the money built a bike-shed never seen a bike in there just lots of s***k**s. Whenever I needed to see someone there the Bike Shed was first port of call.