Is smoking in a company vehicle gross misconduct?

#4
Place of work or not, Gross Misconduct is a little strong. Were there others in the car? Did they object and you carried on? Then maybe.

Was it in the cab of a bulk fuel tanker at a refinery being filled up or in a Vectra on the M6 between meetings? The former being considerably more reckless than the latter.

But if you were the sole occupant, and it was the latter circumstances, take a slap on the wrist and offer to pay to have the car valeted.
 
#5
Smoking is pretty gross....

Are you the ONLY user of the car. Or would someone have to get in teh car after you and inhale your stench? I bet you left a half eaten pasty under the passenger seat too, and several wrappers in the footwell. And spilt liquid all over the seat.
 
#6
Gross misconduct as it is breaking the law, and workplace regulations If someone has to use the vehicle straight afterwards, still causes a problem.
 
#7
The firm I work for class smoking anywhere on/in their premises/property (except in the designated smoking area) as gross misconduct. One guy got sacked for smoking in his car whilst it was parked in the company car-park.
 
#8
Smoking is pretty gross....

Are you the ONLY user of the car. Or would someone have to get in teh car after you and inhale your stench? I bet you left a half eaten pasty under the passenger seat too, and several wrappers in the footwell. And spilt liquid all over the seat.
You've been in one of my castoff cars I presume? And that's special liquid on the seat. :)
 
#9
Gross misconduct as it is breaking the law, and workplace regulations If someone has to use the vehicle straight afterwards, still causes a problem.
Done and done. Although most realistic employers cite indictable offenses as gross misconduct. Getting pissed and having a slash against a glass fronted restaurant wont get you sacked, but fingering kiddies will.
 
#11
Probably yes, as it is a criminal offence committed on work time.

However, to support "your friend", advise him that it is also a criminal offence for a) the employer to fail to take all reasonable steps to prevent employees from smoking in the vehicle (policy, advice, instructions, checks etc), and to b) to fail to display the sign prescribed by law within the vehicle. If either of those has not been done, then the company may have committed a criminal offence.

If the company has a clear policy and if "your friend" has been given information, and been warned previously, quite frankly he deserves the sack. If not, then he has a good case. Threaten to report the company to environmental health at the local authority where the offence occurred, as they enforce the Health Act 2006.
 
#13
I'm not qualified legally but as I understand it, it's unlawful to smoke in your company car because it's legally your workplace. That said, in terms of your employers disciplinary procedures, I would have thought it would be up to your employer whether they decided to treat that as a matter of gross misconduct. Employers usually bring allegations under a label of gross misconduct where they feel that the matter they are investigating is a serious enough misconduct matter to warrant dismissal if the allegations are proven. Is there anything laid down that says, although you have broken the law, are they obliged to dismiss you. Could you argue that the allegation should be argued under general misconduct and if the allegation is proven, they could apply a lesser penalty than dismissal. Perhaps someone with a legal qualification can answer that?
 
#14
As already stated company cars are classed as place of work so smoking in them is illegal.
Any company worth its salt will consider breaking the law gross misconduct.

Like Baldbof, I've worked with someone who was sacked while smoking in his car on company property. Harsh.
 
#15
Just after the smoking ban came into force (farce) I was working from home for a largish Company in the UK.

That Company supplied my office furniture, PC, broadband etc.

Once a month my boss, one of the Directors would call over to my 'office' for a face to face meeting, now't wrong with that.

He smokes, so do I. But neither of us could technically have a ciggy whilst sitting in the spare bedroom of my house, (workplace) but if we went downstairs to my lounge, no problem.

P.S. Smoking in the company car, in company time was a sackable offence as well. However I was paying tax for private use and could hide the 'No Smoking' dashboard sticker that they thoughtfully provided me with, when in my own time.

Fecking madness.
 
#16
As already stated company cars are classed as place of work so smoking in them is illegal.
Any company worth its salt will consider breaking the law gross misconduct.

Like Baldbof, I've worked with someone who was sacked while smoking in his car on company property. Harsh.
speeding is against the law, is that gross misconduct? :) but if it is in company policies, smoking in vehicles can be classed as gross misconduct

They need to display a notice (either words or pictures or both) in that vehicle that smoking is not allowed, if that vehicle is going to be used by ONLY 1 person, smoking in that vehicle by the sole user is not illegal.but try and prove it know one person who declared himself sole user, but then mechanic had to drive it after a repair therefore he was not ONLY person so broke company policies !!
 
#17
Let us know how you get on Tinman.
 
#18
Making smoking a 'criminal offence' encapsulates in a nutshell what went wrong in this country during 13 years of New Labour fascistic missrule.
 
#19
speeding is against the law, is that gross misconduct? :) but if it is in company policies, smoking in vehicles can be classed as gross misconduct

They need to display a notice (either words or pictures or both) in that vehicle that smoking is not allowed, if that vehicle is going to be used by ONLY 1 person, smoking in that vehicle by the sole user is not illegal.but try and prove it know one person who declared himself sole user, but then mechanic had to drive it after a repair therefore he was not ONLY person so broke company policies !!
I was also told that the vehicle could only be used by myself and employees during work time. Anyone else was not authorised to be in the vehicle during this time and that was gross misconduct as well!!

It was an American company, they went as far as to fit mirrors on the top of our monitors because you weren't allowed to tap people on the shoulders or interrupt them while working. You had to stand there and wait for them to acknowledge you. Bizarre.

I sat in an office facing my door so I've no idea why I ended up with one. I hung an old pine tree in car freshener from mine and no-one said anything
 
#20
It depends on the employer, yes it is illegal (Bleedin' Labour) but it should depend on circumstances, I wonder how many smokers who were stuck on the M8 the other week in Scotland for nine hours, would be sacked for having a fag in the car for example.

S4S

edited: Change 'Fag' for 'Smoke' it will avoid the thread going somewhere completely different! :)
 

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