Last updated on April 13th, 2015 at 02:05 pm

As a small business owner you will know that here in the UK it’s illegal to smoke in the workplace, no matter if it’s a shop, office, factory or even a works van. Similarly it’s illegal to smoke in bars, shops, restaurants and other such places.

However, did you know that there is an alternative to cigarettes that are legal to smoke and escape the smoking ban? These electronic cigarettes contain no tobacco and are powered by a rechargeable battery that you can charge up using either a normal wall socket or even a USB port on your pc (or via an adaptor in your car).

It seems that because they contain nicotine in a solution (at various strengths – including nicotine free – and in different flavours) there is no smoke and no smell, just a vapour created by the heat in the e-cig.

It is, as you will see below, because there is no tobacco and nothing is lit these devices are legal to use in work and public places.

The legal side

Tobacco smoking in the workplace is restricted in the UK and the law is enforced by the Health Act 2006 which bans customers, members of staff, consultants and visitors from smoking in public places and on their premises.

The Health Act does not affect the use of electronic cigarettes. Using an e cigarette is not classified as ‘Smoking’ (within the legislation smoking is defined as: –
(a) “smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance, and
(b) Smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked) as there is no tobacco and nothing is burned.  In fact e-cigs are just like a regular nicotine inhaler but have the added benefit of the ability to inhale a realistic cigarette tasting, visible vapor  (and having something to hold in your hand).

Legally, you are permitted to use an electronic cigarette in the workplace including work vehicles and offices. However,you should check the Terms and Conditions of your employment and if appropriate, ask permission first, especially if you are not allowed to consume food or drink in your work area as depending on your type of occupation, your employer may not approve the use of electronic cigarettes while working or carrying out certain tasks.

Finally

Remember that most e-cigs look like a real cigarette and produce a vapour that is designed to look like smoke – and this means that a bit of controversy is inevitably going to happen. Let’s face it, if you are getting your nicotine ‘hit’ in a public place from gum then nobody is going to bat an eyelid – pulling out an electronic cigarette and producing a cloud will draw stares and maybe a few comments about the smoking ban.  Often these comments are because people think you are smoking a real cigarette and once you demonstrate that the glow is an LED and the “smoke” is just a vapour people will either ask you where they can get some or will leave you alone, but be prepared for the comments and reactions.