Pictured above: Ben Gorner

Peace has broken out between employers and diehard smokers, according to a Birmingham lawyer.

Ben Gorner, an associate in the employment department of the Birmingham office of international legal practice DLA Piper, said that employers are generally tolerating staff determined to stick with the habit and in turn staff are taking on board employer limitations on procedure.

"Both parties are essentially playing ball with each other," he said. "They have come to a compromise.

"Employers recognise it is not worth making a big issue of it all and, even if they don't wish to encourage the practice, have been prepared to provide some opportunities for people to have a smoke, in line with their normal procedures regarding breaks at work. 

"They have a difficult balancing act to maintain, not wanting to alienate a potentially significant proportion of their employees who smoke, but having also to respect the rights of non-smokers, who often perceive that smokers are given extra break times. 

"Generally, employers are still allowing smokers an opportunity to smoke, but not giving them extra break times compared to non-smokers.

"In turn employees have fallen in with requests from employers on where and when they have a smoking break."

Mr Gorner noted that the current position is that you can't smoke at work or in public places such as hotels and pubs. And any employer who allowed it to happen would face being fined.

Generally, you are also not allowed to smoke in cars or other vehicles which others might also use.  Even smoking rooms are a thing of the past.

Mr Gorner pointed out that under working time regulations employers are strictly required to give staff only an unpaid 20 minute break every six hours.

And there could be other potential issues for employers, such as smokers congregating outside the front door  which could be off-putting to visitors  and a litter problem from all the butts left behind might also be  deemed  unacceptable.

However, most employers were prepared to cooperate with smokers so long as they ensured they behaved responsibly.

Consequently, they might designate an area of the car park for smoking and provide a receptacle where the butts could be deposited.

"A commonsense approach and arrangements that have become custom and practice mean we are not seeing conflicts blowing up," said Mr Gorner.