First aid for sacked worker

[u8myufo]

Fair play I say.

http://www.croydonguardian.co.uk/ne...e_cigarette_firm_in_landmark_case/?ref=twtrec

 

[TheFallenNinja]

Reading the article, this lad was "operating" a vehicle at the time so I guess they'll have him on safety grounds and not smoking, he was also on a final written warning as well so my (and I'd like to be wrong) impression is that he got himself sacked and is trying anything to get a bit of compo.

This kind of case doesn't help us.

 

[Chegs]

He insists he was smoking an e-cigarette,if true I hope he wins(though for the life of me,I cannot understand how anyone can prove/disprove who was doing/seeing what)If it is "proven" it was an e-cigarette,then Virador had no right to sack him,whether on a final written warning or not.

 

[MrPT]

Tbh there was another thread on this the other day when he was initially sacked and we'll, there is another factor at play.
What did he actually get sacked for?
If it was smoking on site, fine he can play the no I wasn't card. Of not then he is going to lose under standard 2 hands on the wheel of a vehicle at all time of operation rule in any heavy vehicle industry.

Sent from my C6903 using Planet of the Vapes mobile app

 

[frank 133]

u8myufo,I knew that wasn't the full story the other day,I believe he was smoking,and used the ecig as a cover.
The reason I think like this is,because he went back to smoking straight away,
He will now try and enlist all vapors to support him in getting his job back.
If he was on his final warning ,why didn't he use the ecig excuse before.
I think he put his cigarettes before his workmates safety.




ninja Your right mate this case does nothing good for vapors.

 

[undeadvaper]

He insists he was smoking an e-cigarette,if true I hope he wins(though for the life of me,I cannot understand how anyone can prove/disprove who was doing/seeing what)If it is "proven" it was an e-cigarette,then Virador had no right to sack him,whether on a final written warning or not.

Hes operating a vehicle. I drive coaches for a living day in day out I see accidents from the most basic mistakes no saying he should have been sacked but its a nono in a company vehicle. Ont the other hand there isnt the risk of trying to light a cig so

Sent from my ST26i using Planet of the Vapes mobile app

 

[frank 133]

The question is was it a ecig?,when he has had warnings for smoking on site,and supposedly reverted back to smoking after he was sacked.It is actualy illegal to smoke in any company vehicle wagon van ,ect
There is something about this case that doesn't ring true.

 

[Fleabag]

The thing is, like it or not, an employer can impose virtually any restrictions they wish, providing they still meet health & safety and employment law.

My employer has banned the use of ecigs on all work premises, including outside areas owned by the organisation AND our own cars while on company business.

Now I disagree with the ban, but I also have to be mindful that I have no legal RIGHT to vape at work, so if I do (or rather, if I get caught ), I might initially get a ticking off, but if I continued, I would work my way through the disciplinary procedure and ultimately get sacked if I didn't desist before it got that far.

It's not the severity of the offence, but a continual refusal to obey any existing rules. If they told me to wear a uniform and I repeatedly failed to do so, I could get sacked for that too - regardless of how minor each individual offence was.

Organisations can set their own disciplinary policies, and as long as these stay within the law and are fairly communicated to staff, staff don't have a leg to stand on if they breach the rules and the disciplinary measures are in line with current policies and procedures

 

[Chegs]

If not then he is going to lose under standard 2 hands on the wheel of a vehicle at all time of operation rule in any heavy vehicle industry

From what I read on the linked article,it says

was seen to be smoking a tobacco cigarette in a vehicle next to highly flammable material.

thus I assumed that the vehicle wasn't moving.

I therefore assume that whichever he was actually doing(tobacco or e-cig)will be impossible to prove without pictures of sufficient detail to reveal whether the tip was red or green,or forensic investigation of the cab to see if there's any combustion evidence in the cab.If he loses his appeal,serves the dingbat right for smoking in a company vehicle.If he wins,one up to the e-cig industry.Either way,he should've checked with his employer first before using an e-cig that they don't have a policy on e-cigs.

 

[frank 133]

The plot thickens,[something to talk about]
Just a pity it wasn't glamorising ecigs,
What I cant understood,he was allegedly vaping a ecig,got sacked and went back on tobacco with the stress,
Now he is back on the ecig for a photo in the paper,he has got me dizzy.

I am waiting for someone to get tazerd for pulling a mod out near a policeman
This nemesis looks like a gun barrel, so I will probably just get shot,