Smokers, work and discrimination

Purple Dusk

Purple Dusk

Purple Dusk

Associate
Joined
7 Oct 2007
Posts
12
Hi guys

I wondered if I could pick your employment law brains (or just get thoughts and opinions!)

I was wanting to hire people for my business, had the interviews etc and picked out the ideal candidates...there were four possibles for two positions.

We hired two but one didn't work out so we're wanting to fall back on the others.

The problem is one of them is a smoker, they came to the interview absolutely reeking.

I have a real issue with cigarette smoke, the smell of it, whether directly or indirectly (on clothes etc) makes me feel very unwell so obviously I would rather not employ the smoker, however...
This person was incredibly keen, the job is relevant to their interests and I got on well with them...in other words I would be keen to hire them...except I wouldn't be able to stand being near them in a small office, and it's not nice if they have to greet our clients.

So what can I do....can I mention it to them? "We would love to employ if....
1. You stopped smoking or...
2. Only smoked at night (when you have left work) so you don't smell of it in the morning or during the day...

If it's discriminatory towards them I can't say anything to them about it, but on the other hand I couldn't hire them smelling the way they do but they would be really good for the role...

Bah...any thoughts or ideas?

Many thanks in advance. :)
 
Could you mention it as part of the mandatory staff personal hygiene requirements. "You aren't allowed to stink like an ashtray when dealing with customers" sort of thing ?
 
You can state the requirements that you have before people meet clients - smart dress, professional attitude, not unpleasant smells.

You mainly run into problems if you try to impose something post employment as opposed to pre employment.

Ultimately run it past your HR people or someone with the relevant legal knowledge.
 
Capn' $qu!ff said:
That is descrimination no matter what way you look at it you can't stop someone from smoking just beacuse you don't like the smell
Click to expand...

I think you could get away with it under company image. You can make them wear suitable clothes, maintain hygiene, no tatoos etc I dont see why this wont extend to smell of smoke and the now negative image that smoking could bring to your company if a customer was to see them smoking while they were representing the company (ie with in work hours).

edit: beating by 2 ninjas
 
Thanks for your reply.

I'm not trying to stop them from smoking...more saying along the lines of "We'd like to consider you for the position if you stopped smoking"...it's not the same thing and it's a life choice they have made rather than something they are born with, i.e. The governments take on discrimination is:

* gender
* marital status
* gender reassignment
* pregnancy
* sexual orientation
* disability
* race
* colour
* ethnic background
* nationality
* religion or belief
* age

Apart from the discrimination laws mentioned above there are laws which forbid workers from being dismissed or treated less favourably than other workers because of:

* working part time
* Part-time work
* working on a fixed term contract

Data taken from http://www.direct.gov.uk/en/Employment/Employees/DiscriminationAtWork/DG_10026557
 
Another thing to bear in mind is that if your clients smoke a lot of business is done in the smoking shelter while have a couple of quick ones.
 
Mohinder said:
In fairness, he might have smoked his **** off before the interview due to nerves, hence the strong smell.
Click to expand...
I was thinking that myself. I only smoke around 5 cigarettes a day, but if I was going to an interview, I imagine I might get through a couple in double-quick time just to help soothe the nerves (placebo or not!). Then again, he might be a 40 a day man!
 
Sounds like a bit of a risk, what if he agrees to stop but then carries on regardless. It could make for a bad working environment + depending on the contract it might take a while to get rid of him should you want to.

I'd hold out for a bit, there are plenty of decent non smokers out their looking for work!
 
To be honest there's a few ways of tackling it.

If he smokes outside of working hours and comes to work smelling of smoke, then you really can't do anything about it. He smokes in his time, you're not paying him, he can do what he likes - within reason.

As soon as he leaves that door at finishing time, he can light up and carry on his own business. Again, nothing you can do.

BUT: You can have your own internal policies that forbid a member of staff from smoking within office hours (apart from a lunch break).

So I'd have thought if he has 20 Benson and Hedges before he walks through the door, you either put up with it until the smoke subsides or don't hire him.

If he's open minded and approachable (and also wants a job), I don't think it would hurt his feelings or cause any upset if you simply treat him like a human being and said "Do us a favour mate, suck a polo when you start eh? haha" and make light of it. He's gonna want to make a good impression and will probably agree to it.
 
I would never employ someone who smelled on fags, in my line of work i can get close to people and my employee's get even closer to our clients so no way would i employ someone who stank of fags.

I started a young lass who said she did not smoke and each break she come back smelling of fags, i'm gonna have to speak to her about it and if she does not stop smoking she's gonna be shown the door.
 
If you've got such a big problem with them being a smoker I suggest you either stop moaning and employ him or get someone who smells lovely but might be rubbish at the job.

I'd take it poorly if some employer tried to dictate what I did outside of work on my lunch breaks or before work etc.
 
wnb said:
I started a young lass who said she did not smoke and each break she come back smelling of fags, i'm gonna have to speak to her about it and if she does not stop smoking she's gonna be shown the door.
Click to expand...

I hope you're going to check your employment law carefully before you try that!
 
I wouldn't even consider him if you don't want to work with the smell - if you write him off now nothing will come of it.

If you phone him and say you can have the job if you improve your odour it'll most likely blow up in your face.
 
I too would just not hire him, smokers have more health problems and also take more time off during work hours to go have a 'quicky' - it's just less time that they are productive.
 
It's discrimination. No bones about it.
The way people get treated in the UK who smoke is atrocious: we are treated like animals (ever seen a smoking cage outside a club?)
Take the best person for the job.

Like me saying, 'I'm not gonna employ you because of your chavvy accent: it grates for me and clients would be put off."
or
"I don't want you because you're black, a gypsy or whatever"

IF this smoker isn't the best, then don't take them simple as that. Its not like you're allowed to smoke in the office anyway, and you're not paying them to take smoke breaks either. Perhaps you're letting your personal prejudice cloud your better judgement?

Sorry to sound preachy, but the attitude towards people who smoke in the UK is repulsive. I don't tell someone with b.o to FO now do I?
 
I'm afraid I'd just go for the not hiring him option - unfortunate as it maybe for both you and him.
The smoke smell sticks and if he smokes before work, during his lunch break then he is going to constantly smell of smoke - and there is nothing you can do about that.
Unless you could get him to sign a document saying that he wouldn't come to work smelling of smoke it is just something you cannot control.

I stopped smoking just over 4 years ago and the smell now really gets to me.
I've got 3 reports and one of those smokes.
If he decides to leave in the future he will be replaced with a non-smoker, simple as that.
 
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