Discussion in 'The Intelligence Cell' started by Tinman74, Dec 21, 2010.
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Just a question about the legality of it.
Smoking Regulations - Company Vehicles - Workplace Law Network
It looks like it would be. Is there a policy about it at your place of work?
Yes, as well as breaking the law. Company vehicles are classed as a place of work.
Smokefree England: Business and employers checklist
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.
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.
Gross misconduct as it is breaking the law, and workplace regulations If someone has to use the vehicle straight afterwards, still causes a problem.
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.
You've been in one of my castoff cars I presume? And that's special liquid on the seat.
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.
Not if you're driving a BP fuel tanker......
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.
You should have cleared up the burnt pieces of rolled up tinfoil. You could have avoided all this.
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?
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.
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.
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