Sacked for beign a smoker

leggy

Probably Scottish
Joined
Dec 23, 2003
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3,838
Either way it is surely classed as unfair dismissal regardless. They never gave her a warning i.e. the opportunity to stop smoking (or to lie about it at least).
 

ECA

I am a FH squatter
Joined
Dec 23, 2003
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9,458
Lazarus said:
Sorry Dagaffer. Its not discrimination.

Discrimination is only where you have no choice of what affects you (female, male, colour of skin etc)

All of those examples you listed can be altered ^_^
 

Tom

I am a FH squatter
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Dec 22, 2003
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17,502
According to the DTI website, generally speaking you can't be unfairly dismissed unless you've worked somewhere for more than a year.
 

Tareregion

Fledgling Freddie
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Dec 22, 2003
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1,132
Sharma said:
My view on this as a smoker is that i'm pretty much appauled at it, she should have at least been given some sort of indication that the company does not want smokers, I think its fair enough really if they had said something but taking them on THEN sacking them is a bit fucking off.

Daily Mirror said:
Dataflow, which employs 20 workers at its offices in Wells, advertises its non-smokers policy on its website.

Can also be seen as bad preparation from her side? :p

Anyway, of course it is a strange case, but apparently it's not against the law. I believe both are at fault here: the woman for even applying for a non-smoking job in the first place, and the company for assuming she knew about the policy. Assumption is the mother of all fuckups, if i remember correctly? :)
 

Meatballs

One of Freddy's beloved
Joined
Dec 22, 2003
Messages
107
Do you always trawl through a website to check all their policies before you apply for a poxy £6 an hour job? ><

Lazarus: You can choose your religion (well in a theoretical way I guess you might not be able to choose your faith?!)... I choose not to choose religion. People would go ape shit if you started saying, no Christians/Muslims/Jews...

I can kinda see why a company might not want a smoker if they had no smoking rooms, and didn't want people loitering outside smoking, (bad image). But if she'd agreed not to smoke anywhere near work, that sucks. Illness wise, well you could sack people who choose not to do any exercise, and therefore more likely to get ill, so its a poor argument really :)
 

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