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Employees suddenly faced with such a ban could seek to argue that they have at least an implied right, through custom and practice, to smoke somewhere during their breaks, although there is currently no case law support for such a right." Ms Christen adds: "Any such policy would need to be carefully drafted to ensure it is not overly restrictive (such as banning smoking at any time employees are wearing their uniform regardless of whether they are at work or not) but make it clear that breaches would be dealt with as misconduct under the companys disciplinary policy." What about smoking shelters

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