Whether they regard the smoking ban as a victory for public health or an outrageous attack on civil liberties, employers in England have until July 1 this year to stamp out workplace smoking. Welsh employers have even less time to act, with the smoking ban coming into effect on April 2.

From those dates, it will be illegal to light up in virtually any enclosed public place, including offices, factories, pubs and restaurants. That means an end to the designated smoking room at those companies that still have one, and even sneaking a crafty puff in a company vehicle will be outlawed.

Employers who turn a blind eye to illicit smoking, meanwhile, could face a £2,500 fine from council enforcement officers. If they fail to display "No Smoking" signs at their premises they risk on-the-spot penalties of £200, with the sum increasing to £1,000 if the issue goes to court.

They could even face legal action from employees themselves, according to Stephen Robinson, an employment specialist at law firm DWF. In the absence of a clearly communicated, company-wide policy on smoking, he says, directors could face employment tribunal claims from employees who feel they are unfairly treated for flouting the ban, and personal injury actions from non-smokers exposed to second hand smoke.

"While there is no automatic right to a smoke break, some people will still want to smoke during working hours. Employers must balance their wishes with those of non-smokers. Having a clear policy which is communicated to staff and enforced by the employer should minimise the
risk of legal action," says Robinson. That policy needs to outline what arrangements have been put in place for smokers, such as the provision of smoking shelters in outside areas, and clearly state the acceptable length and frequency of permitted cigarette breaks. It should also provide guidance on what disciplinary action will be taken if anyone breaks the rules, and put in place a clear complaints and reporting procedure to deal with any problems arising from the new policy.

Developing that policy in consultation with a cross-section of employees will go some way to ensuring that they stick to it, advises Ben Wilmott, employee relations adviser at the Chartered Institute of Personnel and Development.

"Companies need to be thinking about some kind of questionnaire or survey, to be completed by a broad cross-section of the workforce, in order to get a feel for public opinion and to establish a consensus," he says. "This may also help to eliminate friction between smokers, who may otherwise feel victimised, and non-smokers, who often believe that smokers enjoy more breaks," he says.

Forward-thinking employers may also consider offering smokers help to quit the habit, says Amanda Sandford, research manager at pressure group Action on Smoking and Health (ASH). "Our research suggests that around 70 per cent of smokers readily admit that they would like to give up. So offering subsidised nicotine replacement therapy or cessation counselling would go a long way to building goodwill with those employees," she says.

It might also have significant economic benefits. Every year, around 34 million working days are lost in England and Wales due to smoking-related sick leave, according to a 2004 study published in the British Medical Journal. And figures from ASH suggest that, when at work, the average smoker spends approximately 115 hours per year on untimetabled cigarette breaks.

A 2003 review of the costs and benefits of making workplaces smoke free by England's chief medical officer concluded that there would be a total net benefit to businesses of between £2.3bn and £2.7bn.

Putting in place a workplace smoking policy, however, could take some time—and there may be additional delays. Employers need to give their workers 90 days' written notice if their new smoking policy constitutes a major change to current rules, for example. And in Scotland, which went smoke-free in March 2006, local councils were deluged by planning permission requests for smoking shelters and a hefty backlog soon built up.

"By my best estimates, it's going to take most companies three to four months, at the very least, to get themselves in good order to face the smoking ban," says Robinson. "They need to get cracking now."