Employment question:

just been sacked for smoking an electronic cigarette cctv footage of vapour coming out of my mouth can my company do this legally

posted in Employment | 2 responses

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Responses:

Jennifer Browne

Jennifer Browne's response

I think you will need to get in contact with an Employment Lawyer as matter of urgency as there are time limits in submitting an application to the Employment Tribunal. At Noble Solicitors we do offer legal advice in this area of law. If you wish to seek further advice then please contact me on jennifer.browne@noblesolicitors.co.uk or call me on 01707 326 241.

Kavita Bachada

Kavita Bachada's response

Although an electronic cigarrette does not contain nicotine or tar, you would need to check the company's smoking policy. If the company consitute this type of vapour as one which may have the same meaning as smoking, then the offence could be one of gross misconduct.

You have 3 months less 1 day to lodge your claim to the Tribunal. Do feel free to call me for further advice if necessary on 0161 474 7111

It would also be advisable for you to appeal against your dismissal before lodging a claim with the Tribunal.