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E-cigarettes: Local variances in the law

E-cigarettes: Local variances in the law

Date: 9th June 2015 | By: Claire Malley | Categories: Employment law

It appears that the Welsh Assembly are proposing to ban ‘vaping’ indoors or in the workplace, in essence putting them on par with cigarettes. This could lead to a situation of driving a company vehicle or van near the border, ‘vaping’ in England, which, unless it is prohibited in the handbooks, would be fine to do, only then for the road to veer into Wales which could lead to the employee being caught for breaking the law.

It could lead to many problems for businesses and employees alike. We recommend certainty in these matters, and suggest that all companies have a clear ‘vaping’ / e-cigarettes policy in order for employees to understand and realise what is and is not acceptable on Company property, be it a vehicle, or site, wherever it may be located.

Whilst no doubt consultation would have to take place over several months, and there will not be a snap decision on this issue, it is something to consider in the near future, and to keep an eye on, especially if your business is in Wales, or if your business involves travelling to Wales or across the UK.

There does seem to be a growth in regional variances, such as the levels of alcohol being permitted in Scotland are now lower than that of the rest of the United Kingdom. Businesses need to be aware of these local differences, and should highlight to staff and educate them of these rules, and the repercussions should they be caught over the limit in Scotland, even if that level would be ‘safe’ to drive in England.

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