Vaping = gross misconduct

[centurion]

My wifes son has just been dismissed for gross misconduct for vaping. He is an assistant manager for a national frozen food retail outlet. The store was shut at the time it occured and it happened in the warehouse part of the store. Im sure they were looking for a reason to sack him as he had had alot of time off last year for a motorcycle accident and was due to go for another operation in 4 weeks time which would of meant another 12 weeks on the sick. this is the first time ive heard of any company using vaping as a reason for sacking someone.

[arry]

What do you mean by 'just been dismissed'? What procedure did they follow? Was he given notice, asked to attend a disciplinary hearing, given the chance to present a case in front of an independent witness?

[Zornyan]

It's currently seen as smoking as far as law is concerned, you can't vape in hospitals, on planes, in shops etc.

So it doesn't surprise me they've taken the same action as him smoking a cigarette.

[Actual_Ben_Taylor]

Only option he has is to go to tribunal.

[-ghost-]

Whats vaping ?

[Maff_1991]

Whats vaping ?

[centurion]

He has been sacked. Yes he did go for a disciplinary hearing. He was suspended for a week on full pay then they had the hearing after which he was given 48hrs to wait for there decision the outcome of which was dismissal.
It seems that its one ploom and your out policy.

[arry]

So copy staff hand book and all evidence of training induction etc required then employment law specialists approached

[arry]

With that said if they've been as clear cut about it then you can bet it's a clear policy and this isn't the first he's heard of it

[AdamRPS13]

People have been sacked at my work for vaping.

[centurion]

no vaping was mentioned in the handbook but the new ammended handbook came out when he was off on the sick. and said that in the hearing. It was known by the manager that vaping was going on in the warehouse by other workers and nothing had been said to them. It was only that the area manager was in the building at the time of the incident.

[centurion]

He has worked there for 12 years and worked his way up from shop floor to management. No verbal warnings were given here just the sack. I would of thought a demoting would of been a more logical step to take

[Chriscooke]

It's policy where I work for anyone vaping to do it in the smoking area. No one is allowed to vape in store.

[Asht_200]

It's currently seen as smoking as far as law is concerned, you can't vape in hospitals, on planes, in shops etc.

So it doesn't surprise me they've taken the same action as him smoking a cigarette.

No it isn't. The legislation prohibiting smoking in the workplace defines smoking as lit tobacco or any other substance that can be smoked when lit. E-cigarettes emit an aerosol that users inhale or ‘vape’ and this is produced from a heated solution containing nicotine.

It's been mentioned a few times before at tribunals that company's need to amend their policies if they want to ban vaping.

On the other hand, you don't just exhale water vapour, there are other toxic chemicals in the vapour... not something you'd want in a Frozen food warehouse

[Zornyan]

Well it's banned on planes/buses/trains and in areas like shopping centers and hospitals, basically anywhere that you can't smoke cigarettes.

[sideways14a]

We had to introduce specific rules here as the old ones for smoking did not cover vaping so folk could quite happily sit in lectures and puff away.

So if it is in black and white in some company document then chap has no chance.

[Leviathan]

Well it's banned on planes/buses/trains and in areas like shopping centers and hospitals, basically anywhere that you can't smoke cigarettes.

Erm no its not, i was in Cribbs Causeway shopping center in Bristol and the police were doing a big exercise there that day and i asked the senior officer there if i could vape in the shopping center and he said there is NO law against it, some shops have their own policies, but even if i did vape in a store i wouldnt be arrested, just asked to leave.

[arry]

So if it is in black and white in some company document then chap has no chance.

Not strictly true. The employer has to show that it's a 'living document' - ie if there's anything in there which isn't actually the case in practice then it would weaken their position.

[Asht_200]

Don't you just love barrack room lawyers

[ian_83]

Well it's banned on planes/buses/trains and in areas like shopping centers and hospitals, basically anywhere that you can't smoke cigarettes.

Not by law though. Just prohibited by the local policies set out by the organisations or local councils.