The Health & Safety Commission (HSC) has called for a blanket ban on smoking in England.
The HSC outlined its position in response to the government’s consultation paper on smoking in the workplace, which proposes a partial ban.
A spokesman said: “The HSC wants to see smoking legislation in England that is in line with Scotland [a total ban]. Enforcement would be simpler and there would be a huge public health benefit.”
Trade unions have also voiced their concerns about the health of hospitality workers under the proposed legislation.
A spokesman for the T&G union said: “A partial ban is illogical. If it is on health and safety grounds, the very people who need protecting most will not be.”
Jessica Burt, health and safety lawyer at CMS Cameron McKenna, said a partial ban could be subject to judicial review.
“Action can be brought against the government on the grounds of a law’s irrationality or unfairness,” she said.