UK staff could sue employers over passive smoking

Licensees in the UK face a growing threat of legal action by their staff over passive smoking following a test case in Canada.

A Canadian waitress was awarded compensation this month after being exposed to cigarette smoke at work - and it is feared that the case may prompt barstaff in the UK to follow her example.

Heather Crowe, who worked 12 hours a day, six days a week, in restaurants, bars and hotels for 40 years, had been diagnosed with lung cancer and given a year to live.

Her court win has been described as a landmark decision and, although the exact amount of compensation has yet to be decided, it is believed that it will be a substantial payout, covering loss of earnings and cover personal care, medical expenses and an independent living allowance.

Marsha Williams, of the UK anti-tobacco group Action on Smoking and Health (ASH), said the case proved the need for pub operators and licensees to rethink their stance on smoking.

She said: "This is a shocking reminder of just what exposure to passive smoke can do to you. It would be no surprise at all if thousands of barworkers in this country are left concerned, or downright scared by this news.

"Employers in this country have been allowed to shirk their responsibilities to protect staff from passive smoke for far to long."

Earlier this month, ASH revealed that despite evidence showing passive smoke to be a killer, some three million employees still work in premises where smoking is allowed throughout.

On the back of this Ms Williams urged pub, bar and restaurant workers to do more to fight for their rights and has called on the government to introduce a complete ban on smoking in the workplace - including pubs.

In July, research by academics in California claimed a ban would save nearly 5,000 lives every year, because it would cut consumption by 20 million cigarettes a day.

But publicans are hoping that rather than a complete ban, the industry will be allowed to self-regulate through a voluntary charter. This recommends the use of signage on the outside of the building and at strategic points of the premises informing customers of their smoking policy, as well as the use of no-smoking areas and ventilation where possible.