Dundee City Council has banned its employees from smoking or vaping during paid work time in a bid to reduce adult "role models" seen smoking public.
The new stringent policy means that anyone smoking in the street, off the premises or while travelling to a new location could face disciplinary action.
Staff will now technically only be allowed to smoke on unpaid lunch breaks.
Jack Boyle, associate solicitor and employment law expert at Blackadders LLP in Dundee, told The Courier that a smoking ban of this scope would be “difficult to police” as it is aimed at “cracking down on unofficial smoke breaks".
“The legal right to rest breaks stems from the Working Time Regulations 1998,” he said.
“These entitle employees to an uninterrupted rest break of 20 minutes, if their working day is more than six hours.
“The break must be taken during the working time, not at the start or end of the shift.
“The worker is entitled to spend the break away from their workstation – if they have one. This presents perfect opportunity for a quick smoke!”
A similar ban was brought in for the 9,000 workers at Nottinghamshire County Council in 2016.
A spokesman for Unison said: "There are clear aspects of this policy we could not agree to.
"People who do smoke need to be able to take breaks and get support from their employer to help them give up."
Dundee has some of the highest rates of smoking in the UK, while men in the city have some of the lowest life expectancy rates.
A council spokesman said: "The council has revised its smoking policy as we are working to protect the health of employees and also promote positive health messages across the wider community.
"A key part of that approach involves discouraging children and young people from taking up smoking.
"One way to assist that is to reduce the number of adult 'role models' who can be seen smoking in public.
"Across Dundee, there has been the introduction of voluntary no-smoking areas at children's play parks and we will be looking to extend this to more open spaces in the future."
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