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Monday, 31 October 2005 11:07
BNN: British Nursing News Online · www.bnn-online.co.uk
Flood of smoking lawsuits expected to follow partial ban
Experts have warned that the partial smoking ban in England may pave the way for bar workers to sue their employers if they develop smoking-related illnesses.

Last week’s Health Bill banned smoking in workplaces but included exemptions for certain pubs and bars.

A number of employees have already made claims against their employees after falling ill due to second hand smoke but no legal precedent has been set as most cases have been settled out of court.

The cases are hard to prove because the claimant must establish that he or she contracted the illness in the workplace and not at home or in other social circumstances.

But Ian Willmore, of anti-smoking group Action on Smoking and Health, said the proposed ban would give employees the impetus to go to court.

"The ban is being introduced because passive smoking causes harm. Employers can no longer say they were not aware of the risks. There will be a lot of cases."
Disease specialist, John Hall of Thompson solicitors, said: "It has been hard to prove in the past, but it just takes one case to set a precedent. That could happen and in 10 or 20 years it could be like asbestos claims."
He added that passive smoking claims can be pursued under the health and safety legislation which compels employers to minimise the risks to staff in the workplace.

Under the proposed Bill, private members clubs and pubs not serving food will be exempt from the smoking ban.


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