Businesses can refuse to employ smokers, but can't sack them
As employers in England and Wales prepare for next summer's workplace smoking ban, a recent statement from the EU confirms that a job advert stating 'smokers need not apply' does not contravene discrimination laws.
The statement was made in a written answer by the EU Commissioner for Employment, Social Affairs and Equal Opportunities to a question raised by a Scottish MEP. While discrimination on the grounds of racial or ethnic origin, disability, sexual orientation, religion or belief, or (from October) age, is prohibited, the Commissioner stated that such an advert does not fall within any of those categories.
This EU statement applies only to recruitment advertising. It does not follow that an existing employee can be dismissed simply for being a smoker, unless their activities breach workplace rules.
Businesses have until 9 October to take part in the Department of Health consultation process on the draft Regulations for the proposed smoking ban in England and Wales.
Download the consultation paper from the Department of Health website
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