Pub worker to sue over smoke
by John Harrington
The first known case of a pub employee taking action against a pub operator for the damage caused by exposure to second-hand smoke goes to court in May.
The case is being handled by personal injury specialist law firm Thompsons, which has warned of a raft of similar cases.
Thompsons solicitor John Hall said that the bar worker from Nottingham is taking action against the pub operator on the ground that the employer has not taken care of its staff. Neither side has been named.
"The pub is a workplace and it's a duty to keep the employee safe from hazardous substances," he said.
Hall warned of a "large number" of similar cases coming through in the near future.
Federation of Licensed Victuallers Associations chief executive Tony Payne said the employee "would have to prove they were damaged by being in the pub, not somewhere else."
Last year, anti-smoking pressure group Action on Smoking and Health (ASH) wrote to 80 pubcos warning that they face legal action from employees who are exposed to second-hand smoke. Thompsons was recruited by ASH to help take action.
l A full smoking ban for Wales looks closer than ever. Welsh Secretary Peter Hain told the House of Commons: "Legislation that we intend to introduce will give Wales the opportunity to implement policies in the way in which the [Welsh] National Assembly choose."
The Welsh Assembly had earlier voted in favour of a complete ban on smoking in public places but lacked the authority to implement a ban.
