Employee caught smoking at work...again and again!
Discussion
A friend of mine runs a printing company and has had issues with one of her staff smoking inside the building. She has warned him several times yet he continues to do it (Which has annoyed her as it shows a lack of respect but also that she could face a heavy fine if it was found out!)
As it is now illegal to do so, she wanted to know if smoking inside a works building would be grounds for instant dismissal?
Cheers!
As it is now illegal to do so, she wanted to know if smoking inside a works building would be grounds for instant dismissal?
Cheers!
Tsippy said:
A friend of mine runs a printing company and has had issues with one of her staff smoking inside the building. She has warned him several times yet he continues to do it (Which has annoyed her as it shows a lack of respect but also that she could face a heavy fine if it was found out!)
As it is now illegal to do so, she wanted to know if smoking inside a works building would be grounds for instant dismissal?
Cheers!
Isn't the fine just £50.00?As it is now illegal to do so, she wanted to know if smoking inside a works building would be grounds for instant dismissal?
Cheers!
Don
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It's easy enough.
First thing tomorrow, notice on the noticeboard, telling all employees that smoking is against the law and is considered misconduct, and will be dealt with accordingly.
If he continues to smoke, go through the full disciplinary process - pretty bloody easy in that situation, it's not as if he can pretend he wasn't smoking.
First thing tomorrow, notice on the noticeboard, telling all employees that smoking is against the law and is considered misconduct, and will be dealt with accordingly.
If he continues to smoke, go through the full disciplinary process - pretty bloody easy in that situation, it's not as if he can pretend he wasn't smoking.
Check his contract. Ours says that smoking on company or customer premesis/property is forbidden and a disciplinary matter.
Don't just tell him, invite him to a meeting to receive a written warning. Tell him he can bring a representitive. Tell him that the next step is the sack.
The fact that it is illegal to smoke on site might mean you can and should disciplin him even if smoking is not mentioned in the contract. I as an employer would want to avoid being seen to condone smoking on site - and to do this I think I would have to give a written warning immediately.
I am not a lawyer but I would act as above without paying for advice. Do seek some HR advice if you are not as gung ho.
Don't just tell him, invite him to a meeting to receive a written warning. Tell him he can bring a representitive. Tell him that the next step is the sack.
The fact that it is illegal to smoke on site might mean you can and should disciplin him even if smoking is not mentioned in the contract. I as an employer would want to avoid being seen to condone smoking on site - and to do this I think I would have to give a written warning immediately.
I am not a lawyer but I would act as above without paying for advice. Do seek some HR advice if you are not as gung ho.
TurricanII said:
Check his contract. Ours says that smoking on company or customer premesis/property is forbidden and a disciplinary matter.
Don't just tell him, invite him to a meeting to receive a written warning. Tell him he can bring a representitive. Tell him that the next step is the sack.
The fact that it is illegal to smoke on site might mean you can and should disciplin him even if smoking is not mentioned in the contract. I as an employer would want to avoid being seen to condone smoking on site - and to do this I think I would have to give a written warning immediately.
I am not a lawyer but I would act as above without paying for advice. Do seek some HR advice if you are not as gung ho.
i'd agree with that , also it's fairly standard that repeated episodes of one type/ level of misconduct elevate it to the next Don't just tell him, invite him to a meeting to receive a written warning. Tell him he can bring a representitive. Tell him that the next step is the sack.
The fact that it is illegal to smoke on site might mean you can and should disciplin him even if smoking is not mentioned in the contract. I as an employer would want to avoid being seen to condone smoking on site - and to do this I think I would have to give a written warning immediately.
I am not a lawyer but I would act as above without paying for advice. Do seek some HR advice if you are not as gung ho.
in this case - get the employee in and point out after all the previous informal warnings this is the formal first warning and next time it's serious misconduct and a final warning - anything out of line after that and it;s goodnight vienna ...
but IANAL / IANAHRP so get proper advice about the pit falls of doing this .
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