Smokers face discrimination

Discrimination against smokers at work extends to job applicants

Employers are beginning to discriminating against candidates who smoke, according to Consult GEE, the provider of employment law and HR advisory services.

It says that while discrimination on grounds of age, sex, religion, disability and race is against the law there is minimal protection for smokers in the workplace.

In January, Croydon Council banned smoking breaks by its staff following the move by Morrisons Supermarkets, West Lancashire District Council, and Wrexham Borough Council last year. 

The North Wales Police road policing unit has issued an internal advertisement informing potential applicants who smoke not to apply, while the EU Commissioner for Employment and Equal Opportunities for Employers recently said such adverts did not breach EU discriminatory laws after an Irish call centre company advertised for non-smokers only.

Stuart Chamberlain, employment law expert at Consult GEE, says: “There is nothing to stop an employer rejecting a candidate because they are a smoker. However, sacking an existing employee just for being a smoker might be found to be an unfair dismissal.”

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