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.”
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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.