Jessica Tyson
13/03/2025 • 5 min read
With the rise of e-cigarette use, questions about vaping on business premises and in the workplace have become increasingly important. Although vaping isn’t covered by the same laws as smoking in the UK, its acceptability at work often hinges on company policies and the context of the situation. This guide explores whether vaping at work can be classified as gross misconduct and how employers and employees can navigate this nuanced issue.
Under the Health Act 2006, smoking is prohibited in enclosed public places and workplaces in the UK. However, this legislation does not extend to vaping, as e-cigarettes don’t involve burning tobacco or producing smoke. This distinction means vaping is not automatically banned in workplaces. Instead, the decision is left to employers, who have the discretion to establish their own policies regarding e-cigarette use during work hours.
According to Public Health England, vaping is at least 95% less harmful than smoking cigarettes, but it's important to remember that vaping at work may still pose potential health risks to employees and others in the workplace. The long-term health effects of vaping are not yet fully understood, but several concerns have been identified:
Employers should carefully consider these potential health risks when deciding whether to permit vaping at work. Implementing clear policies and designated vaping areas can help minimise any potential harm to employees and others in the workplace.
Workplace policies on vaping vary widely, reflecting differing organisational cultures and operational needs. Clear policies are essential for avoiding misunderstandings and ensuring consistent enforcement. The decision of whether or not to allow vaping is left to employers, who have the discretion to establish their own rules regarding e-cigarette use during work hours.
Some employers permit vaping in designated areas, such as outdoor spaces, while others implement blanket bans on e-cigarette use within their premises. Ambiguities in these policies can lead to inconsistent application and potential disputes.
Discreetly manage your cravings with nicotine stripsA notable case illustrating the importance of policy clarity is Insley v. Accent Catering, where an employee faced a disciplinary hearing for vaping on school premises. The tribunal noted that the school’s smoking policy didn’t explicitly prohibit e-cigarettes, underscoring the need for explicit guidelines.
Employees have the right to a safe and healthy work environment, and employers are responsible for providing it. When it comes to vaping at work, employees should be aware of their rights and responsibilities to ensure a harmonious and safe workplace:
HR professionals play a crucial role in ensuring that employees are aware of their rights and responsibilities.
Whether vaping at work constitutes gross misconduct depends on the circumstances and company policies. Generally, gross misconduct involves serious breaches of workplace rules or behaviours that undermine trust or safety. Vaping in violation of clear policies, especially in areas where health and safety are at risk, can escalate from minor misconduct to gross misconduct if the behaviour is repeated or particularly egregious.
For example, vaping in areas with flammable materials or in enclosed spaces where it might disturb colleagues could be deemed severe enough to warrant disciplinary action. However, in workplaces with ambiguous policies, such actions might be harder to classify as gross misconduct.
Violating workplace policies on electronic cigarettes can lead to a range of outcomes depending on the severity of the incident and the organisation’s stance. Consequences might include verbal warnings, formal reprimands, or even dismissal in cases of gross misconduct. Consistent enforcement of policies is crucial for fairness and avoiding potential legal challenges.
For employers: Establishing clear and explicit vaping policies is the first step to managing e-cigarette use in the workplace. These policies should outline acceptable behaviours, designated vaping areas (if any), and the consequences of policy violations. Employers should also ensure consistent enforcement to maintain fairness and compliance across the organisation. Employers may also want to consider the needs and perspectives of former smokers when developing vaping policies.
For employees: Employees should familiarise themselves with their organisation’s vaping policies to avoid unintentional breaches. Even if no explicit policy exists, exercising discretion is key to maintaining professionalism. Choosing designated outdoor areas and being mindful of colleagues can help create a harmonious work environment.
Vaping in shared spaces such as toilets, open-plan offices, or break rooms can raise issues of etiquette and professionalism, impacting where an employee works. Although some workplaces might permit vaping in private areas, doing so without consideration for colleagues can lead to complaints or disciplinary action. Respecting shared spaces and seeking clarity on designated vaping areas can help mitigate potential conflicts.
Vaping at work is not inherently classified as gross misconduct, but the use of vapes can be deemed as such depending on the specific circumstances and the clarity of workplace policies. For employers, developing and enforcing clear guidelines is essential to maintaining a fair and respectful environment. For employees, understanding and adhering to these policies — and exercising discretion where rules are unclear — can help avoid misunderstandings and disciplinary measures.
By fostering open communication and clear expectations, both employers and employees can navigate the evolving landscape of vaping in the workplace with confidence and professionalism.
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