Smoke ban to spark lawsuits

The Government's 'shambolic' smoking ban will lead to a flood of lawsuits - that's the stark warning from personal injury solicitors Thompsons.

The company, which acts for individuals who become ill after exposure to second-hand smoke at work, said the bill further complicates the law and does nothing to protect employers from being sued by staff.

'The proposed legislation is shambolic and further complicates an already complicated area of health and safety law,' said disease specialist John Hall.

Hall said a partial ban would not prevent an employee who develops a passive smoking-related illness from taking out a personal injury claim even if the bar was exempt from the ban.

'The issue is one of negligence,' he said. 'It makes no difference whether there is a ban in place in an establishment or not - if the employer negligently exposes an employee to second-hand smoke, and there are reasonable grounds to state that it was exposure which caused the employee to become ill, then the employer is liable for prosecution.'

Thompsons repeated its warning in written evidence to the Health Select Committee and also urged the Government to stop dithering and ban smoking to prevent another 'asbestos horror' developing.

However, claims for personal injury caused by passive smoking have been hard to prove so far.

In March, Ann Michelle Muir lost her claim against Laurel Pub Company and the Whitbread Group for developing tonsilitis, laryngitis and vocal cord nodules which made her unfit to work.

She worked at the New Derby in Roker Baths, Sunderland, from 1993 to 2003.