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Susan Sharp
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It depends on how they have worded it - if they say you can only smoke in designated areas in the premises, then yes they can discipline you if you're in your own car, but in their car park outside of the designated area - have they put a disciplinary action clause in the smoking policy? If people cluster around a doorway, then non-smokers can complain of the passive smoking risk when having to enter the building and then the employer will have to do something about it - same applies if its members of the public connected with your business. Don't forget some Insurance companies have also used this legislation as an opportuntity to ask for measures against staff smoking in yards etc as they don't want an increased fire risk by staff smoking next to a full skip, next to the roller shutter doors etc, so not all of this has been generated by your employer....
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Susan Sharp
Member - 2 posts
I used to work in a business line that also commonly included restrictive covenants but were actually rarely enforced. They are legal obligations and so can be pursued by your previous employer but quite often the cost of the legal action is sufficiently off-putting, plus the courts can interprete the covenant - ie not soliciting clients is a fair restriction but inhibiting your ability to work is unfair (it would depend on the likelihood of finding alternative suitable employment). There are ways and means around it - your ex-cleints can move to you without being direclty solicitied (and quite often if you have a partner in the new business this is how they establish the relationship) or you advertise 'strategically' and they decide to change.
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