Smoking in work premises

[Davel]

Caught a guy smoking in one of the warehouses - again.

Verbal reprimands previous but is this now a written warning situation or grounds for dismissal?

I don't want to let him go but he is clearly taking the proverbial p***.

[shadowninja]

What happens if you let him smoke, legally? I think that is the issue, isn't it.

[Davel]

You can't legally let him smoke in work's premises cos it's illegal and, as the employer, I can be fined too.

[shadowninja]

Exactly. So, you have to follow disciplinary guidelines.

[Davel]

Sorry , I get your point.

But is it classed as gross misconduct and so dismissable, or is it more of a minor issue?

I'm going to give him a written warning but just wondered what others would do or have done.

[rpguk]

Interesting question. Apparantly from a legal point of view you can class it as such (this is in Scotland, but I don't think it'd be much different here)

On the other hand it is getting cold and I'm soft so I'd probably have just given him a written warning (and made the consequences of him doing it again clear)

It is getting cold out there. Are there any provision for smokers? Perhaps an outdoor heater or covered smoking den of some sort.

Edited by rpguk on Thursday 15th November 15:22

[Davel]

No there are no smoking facilities provided on the site, nor are any planned.

When I looked into this, there is no legal requirement to provide any - moral maybe though.