Risk news

Companies based in the European Union are entitled to turn away job applicants who smoke, according to reports this week.

Clarification of the EU's approach to discrimination in employment was criticised by both pro and anti-smoking groups, as well as business leaders.

The European Commission said a job advertisement placed by a Dublin based firm, which warned "smokers need not apply", did not contravene EU legislation.

In a written response to a member of the European Parliament, Vladimir Spidla, EU commissioner for employment, social affairs and equal opportunities, said: "EU anti-discrimination law prohibits discrimination on the grounds of racial or ethnic origin, disability, age, sexual orientation and religion and belief in employment and other fields.

"A job advertisement saying that 'smokers need not apply' would not seem to fall under any of the above mentioned prohibited grounds."

'Bad policy'
Ian Willmore, a spokesman for anti-smoking group ASH, said he believed refusing to employ smokers was "thoroughly bad public policy".

He said: "We are not interested in discriminating against people because they are smokers. We are interested in helping them quit. Our advice to employers would be not to do that unless there is a clear occupational reason why smoking is not possible."

Mr Willmore added that encouraging employees to quit could cut days lost to sickness and boost productivity.

Simon Clark, director of pro-smoking campaign group FOREST, described the advert as "overt" and "depressing" and that it showed smokers were "fair game".

He added that Mr Spidla's response opened "a real can of worms", and that if correct, the same approach could be taken towards people who drink or were overweight.

FOREST said that European human rights legislation guaranteed the right to a private life, and that it would bring a test case on behalf of anyone sacked for smoking outside office hours.

Sick days
Susan Anderson, the CBI's director of human resources, said: "While employers are free to ban smoking in the workplace for health and safety reasons, it is unlikely they would want to discriminate against smokers."

A director of the firm that placed the advert told reporters that he would not employ smokers and wanted to discourage them from applying for jobs to save "a wasted journey".

He argued that companies lost thousands of working-hours every week to cigarette breaks and days off sick.

"Smokers are more prone to regular illness - it is a statistical fact that they will take more time off work," he said.

The World Health Organisation announced at the end of last year that it would no longer employ smokers to work at its headquarters in Geneva.