More than two months after the smoking ban was introduced many businesses are still confused over how to implement the new Employment law.

The ban in all enclosed spaces, including offices, pubs and restaurants, seems to have been generally well received and implemented.

However, it is the enforcement of the law, which is proving a headache for many business owners.

In the first weeks of the ban legal experts at Employment Law Advisory Services were bombarded with calls from concerned businesses.

More than 40% of their total calls since July 1 related to the smoking ban.

The most common queries came from managers who were confused about what to do if they caught someone smoking or if workers refused to abide by the new rules.

Among the strangest reports received were workers smoking a cigarette through a fence, hiding behind a pot plant and leaning out of a window on the tenth floor of a high-rise office block.

Peter Mooney, head of consultancy at Employment Law Advisory Services, said: “The main problem among the business community seems to be a confusion over how to enforce the rules or what to do if people break them. If they fail to enforce the ban then they could be prosecuted and fined up to £2,500.

“It is essential that businesses make sure their workers, or residents, do not smoke where they shouldn’t.

“Workers caught smoking where they shouldn’t be should be given a final warning or in extreme cases dismissed.”

Smoking was banned in the workplace from July 1 this year with employers who breach the regulations facing large fines.

The first prosecution was brought against licensee Hamish Howitt, who runs The Happy Scot bar in Blackpool.

He has denied 12 counts of failing to stop people smoking in his pub.

Mr Howitt faces a possible fine of £30,000 if found guilty. His case has been adjourned because the magistrates want a district judge to rule on the case instead, due to the number of charges Mr. Howitt is facing.

The case is now not expected back into court until November 5.

One of the most high profile breaches of the ban came when The Rolling Stones repeatedly lit up during a concert at the O2 Arena, in London, in August.

The band escaped prosecution as Greenwich Council said no-one at the venue had complained.

For more information about the smoking ban or any other areas of employment law advice contact our experts on 0161 785 2000