Sussex law firm asb has warned employers they could face costly law suits if they fall foul of controversial new legislation about smoking at work.

The Protection from Smoking Bill 2001 is due to have its Second Reading early in the new Parliament and could become law a few months later.

Experts at asb law are warning employers to watch its progress carefully and be prepared to comply with its final provisions.

Employment law specialist Fiona Smith said: "Employers are under a general duty to protect the health, safety and welfare of their employees but the new smoking-specific legislation presents particular hazards for companies."

Having a clear smoking policy is recommended but introducing one could bring problems of its own.

"Employers must be careful when introducing a policy, particularly where it bans smoking completely.

"An employer must not be seen to be victimising employees who are smokers. It could lead to claims of breach of contract and unfair dismissal.

"Introducing a policy constitutes an amendment to contracts of employment and requires meaningful consultation. However, the Health and Safety Executive recommends that all employers should have a specific policy on smoking and it should give priority to non-smokers who wish to avoid inhaling tobacco smoke."

Ms Smith said companies should follow careful procedures for introducing such policies to avoid leaving themselves exposed to potential claims from either side of the divide on smoking rights.

"Once a policy is finalised it should be introduced with a minimum of three months' notice to all employees. The policy should be in writing, accessible to all employees and should detail what will happen if they breach the policy, which should be consistent with the employer's normal disciplinary procedure."

She stressed special care was needed when deciding on any designated smoking areas.

"Choosing a designated area which would allow smoke to escape and pollute other areas could leave the employer exposed to potential legal action by non-smokers."