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Smoking Ban Conundrum


Wuddy

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I have a friend who plays in a jazz combo.

 

Last Saturday night they were booked to play several sessions at a private residence.

 

For that period the householder was their employer and the house was their place of work.

 

Should the geusts have been allowed to smoke?

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The guidance notes to the Act talk of various classes of work which may be undertaken in a private residence which don't require it to be become smoke free, eg home help, plumbers, builders etc. I've also seen a note, which I now can't find, that says that where someone is engaged to work in a private residence then it should be left as a private arrangement as to the smoking situation. ie, if you take on a cleaner then they should be free to make up their mind if they want to work in a 'smoking ' house.
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For that period the householder was their employer and the house was their place of work.

 

Unless the householder was paying their tax, NI etc, they weren't an employer, they were subcontracting.

A small but significant difference as their responsibilities and obligations aren't the same.

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