Having to reveal pregnancy early as boss will not stop smoking in office

[Sprinkle2025]

Hello,

Posting for advice, this is my first thread thank you for reading.

I am 6 weeks pregnant. The baby was a complete surprise to us but very much wanted.

My boss is very anti-babies, anti-pregnancy and anti-maternity leave. He has already told me under no circumstances will I be having a baby. I want to delay announcing my pregnancy for as long as possible (at least until 12 weeks, hopefully longer) for this very reason.

We work in a small-ish office that he smokes in all day. We are made to breathe in his second hand smoke every day. When I go home I stink. Despite colleagues working here before me suffering from breathing problem he will not stop. I do not believe telling him I am pregnant will make him stop either. He always says it is “his building” so he can do what he likes.

In the past he has been reported to Smoke Free England, Environmental Health (we are a food business) and the Local Council. None of these have taken any action or even replied to the report.

As I have had no luck with them I considered the police but they will only get involved if there is violence.

I am collecting as much evidence as I can in case I have to go for constructive dismissal. I cannot afford to walk out as I need the SMP.

I either need to reveal the pregnancy early (which will be incredibly stressful due to his views) or keep quiet and suffer the second hand smoke until I know the baby is viable (I have a viability scan in 2 weeks). Feel like I am failing as a mother before I have even started.

What can I do?

Get signed off work on health grounds......no way should you be having to deal with this pregnant or not!

My advice is this: Put it to your boss, in writing, that you have complained verbally before (on dates or approx dates) and that he must stop smoking in the office because it's illegal, and a health risk to employees, and that you are having health issues because of this.
Then if no action, report him. Get signed off if needs be.
If you write an email and he acknowledges and doesn't stop, then you can take the matter up for compensation or a payoff for constructive dismissal, so although hassle that that may help while on ML

Make it your mission to take him down. Report him to his boss and anyone else you can. Get responses in writing, take videos. You say you are collecting evidence so good. Email him to say you will be wfh from now as he is illegally smoking in the office. Or just get signed off work. But play it cool, make sure you have evidence before going too far in case he just sacks you as you'll need it for the employment tribunal

This is awful!!!

Is your boss the business owner?

You need to be looking for another job, not necessarily for now but for after baby/mat leave.
This isn't viable in the long term.
Very best of luck x

I am half wondering if this is even real as it’s so outrageous.

but assuming it is… I would tell him about the pregnancy. In writing. Ask for a risk assessment and ask him to stop smoking. You’re only protected from pregnancy/maternity discrimination if he knows you are pregnant. You’d also be protected under whistleblowing legislation and/or health and safety legislation if you raised the smoking issue in the correct way.

I would have a field day with this claim if it landed on my desk. (Employment lawyer)

Work somewhere else. It will never get better. This really is a situation where you must leave. You're having a baby. You will not have the time or energy to fight a work battle. It will just be misery for you.

don't know if I believe this thread to be honest....

Agreed. In fact it's illegal under British law. Contact ACAS for advice.

Tell your midwife. Honestly they can help pull some strings. You could even get signed off for entire pregnancy.

I worked for a person like that. He smoked in the office because his job was "stressful, and it is his property." Nothing made him stop. Get yourself signed off and get yourself advice regarding your maternity entitlements. Trust me, if he is like my former boss, he will purposely smoke right in front of you when he finds out you're pregnant to try and get you to quite.

Jesus, do you work for Jackson Lamb?!

Reportrt him everywhere. It’s not the fucking 80s anymore.

Thank you so much for all your replies. I’m going to talk the options over with both my partner and my colleagues (we have been trying to think of a way to stop this). I have a few videos and photos and will keep collecting them.

My boss is unfortunately the owner and its a small/medium company. There is no one above him to report him to. There is also no one else above me as I report directly to him. The complaints from the rest of the company about him come to me but I have no one else to take them to at the moment. At least I have lots of evidence to back up my own case.

He rents the building but does not own it. He is also living here currently, but it is a business premises. Was reluctant to include this bit before as I was worried it would make it obvious who I was if anyone saw it, but maybe this is why he sees himself as untouchable.

It is a really sad situation because there are so many lovely people here and the job itself fits my life perfectly. The only issue is him but you are right he is not going to change.
The reactions and comments (especially people who do not believe the situation is actually happening) has made me realise how disgusting he is.

This is awful sorry it's happening, good luck with reporting it and getting advice, ACAS being the first port of call.

Also congratulations on your pregnancy👶

Health & Safety Executive? ASAP

There is no time for that now! How is this helping? Op needs to go about ensuring she keeps her job to claim maternity leave. She is in no position for job hunting! She has no time or energy for that.

I have a sense of what you are talking about, but your situation seems so much worse.

I worked for a v small business pre smoking rules v part time. Then rules came in, but nothing changed. Then our boss was reported (by a member of staff who worked full time). So then, there was a wee room upstairs set aside for smoking. Even though this was still illegal. He ended up with 2 £1000 fines, for 2 premises. That was almost 20 years ago.

Yeah he’s probably going to try and fire you straight away. You need legal advice if he does.

So sorry he is doing this.
He sounds like a knob tbh who thinks he is untouchable- which also sounds true.

Like the sicknote idea but do you get more than ssp?