Question about smoking

[Helen@Cats Whiskers]

We run an entertainment company where our staff may go into someones home to entertain at a birthday party.

Where do we stand regarding the legislation on smoking at work if the home owner is a smoker? One of my staff recently had this situation and compained to me that the parents were smoking at the party.

Obviously it's their home but it will be our place of work for the time that we're entertaining at the party.

This must affect tradesmen too, so I'm hopeful that someone out there will know what normal practise is under these circumstances.

Regards
Helen

 

[Zeno]

The Health Act 2006 exempts working envionments that are also a main residence (One of the very few exemptions actually). I am often in peoples homes (I'm an accountant incidently, not a burglar although some would argue there is liitle difference) and I would never dream of asking them not to smoke in their owns homes although I can see where you are coming from if the staff are complaining.

I am afraid I don't know if the staff would be within their rights to leave if people are smoking though.

 

[Lime One]

employer and this is something that has affected thousands of care providers so far, you are liable for the employee's Health and Safety and so, for the time they are in their home no smoking should occur. This is dealt with with cleaning companies and care providers we act for by an amendment to the terms of business with those clients. Not great as some think it's an intrusion but for your sake you need to address this. Sign up to our HR newsletter on www.limehr.com as this is in the December issue.

 

[Helen@Cats Whiskers]

Thanks for your reply. I'm just working on some wording now to add to my contract

 

[yorkshirejames]

Perhaps in reality you might have 3 workers who hate smoking, but one who is a smoker theirself? In which case, ask clients whether it is a smoking household and schedule accordingly?

 

[Zeno]

James suggestion makes a lot of sense.

Do you actually have a wriiten contract for your customers? I don't see as how you can reasonably enforce such a condition -

Basically, you agree that customer will not smoke when your staff are in attendence. Staff turn up, parents light up so then staff leave? You will not get paid for this without taking legal action.