About to be fired for vaping, any advice appreciated

[matt84ukvape]

So I took a drag on my e CIG as I was putting my stuff in my locker, my manager saw me suspended me

[Deleted]

On what grounds?

If he says smoking at work................well it's not......and you weren't

Unless they have a specific policy about vaping.........and you've seen it and agreed to it in your contract/terms and conditions.......or a subsequent memo then the most they can do is reprimand you.

It's not gross misconduct.

[lobeydosser]

Yes. Tell us on what grounds!!!!

[flavourtank]

Does it state vaping is banned?
Was it before your shift or during?
Does your manager have it in for you?

[Skwoddy]

What is the company policy on vaping, has this been pointed out to you as an addition to the policy or was it there when you joined the company? they want to hear sorry etc which is all you can do I guess, Be dumb and sorry, was it out of company hours?, try not to be too smart but if they are staunch in firing you you need to get defensive.

ACAS stand as such

www.acas.org.uk/index.aspx?articleid=4900

Lots of use of the word 'may', I would use the giving up and looking for support approach if it hadnt been pointed out that there is a ban.

Dont panic, suspension isnt dismissal, they are making sure they have dotted all their I's etc. 

Consult your union official if you have one, even if youre not in the union. lots of grounds you can play on including anxiety, stress etc. 


Smoking
Definition
Smoking is the inhalation of the smoke of burning tobacco encased in cigarettes, pipes, and cigars.

Vaping is none of this, point out that company policy doesnt specify so you werent aware you were breaking this policy

[matt84ukvape]

They are treating it as smoking, I said I agreed that I shouldnt hav done it but the only thing I disagree with is that it's not smoke. Dosent look good had meeting today n there like u were smoking n I said I understand what ur saying but I was not smoking. There saying its gross misconduct to smoke n no matter what I keep saying they don't get it. Nothing in are work handbook relating to ecigs or vaping not sure what the outcome will be 

[matt84ukvape]

On grounds of breach of smoking policy apparently

[flavourtank]

So do they ban all nicotine delivery systems?

[matt84ukvape]

After I said I agreed with all they said other than it not being smoke they went off for half hour left me sat in room became back with a piecie of paper with policy briefing along the top, don't look like the actual policy but something relating to it. Took them long enough to find shouldnt they hav made the information readily available cuz its not in the handbook or in any paperwork I have I think they looked all over there system to find it but other people in my work also use e cigs n they don't have a clue if there allowed or not either

[flavourtank]

They should of made it accessible to all employees, does it mention anything ecig related?

[stej]

I would have thought that their policy should clearly state that vaping "electronic cigs" are either including or excluded

We had a mail not so long ago stating that vaping was not permitted at desk and that electronic devices should not be charged using company computers

Hard to say how you would stand on unfair dismissal of it went that far though

[Skwoddy]

Deluded buffoons. Acting out authority, tell them you havent signed anything that says you cant vape, Tell them you will be seeking legal advice and they better have signed papers, if you and your colleagues are none the wiser its the company that needs to step up their game and not you. If you are to lose your job make them look stupid. Write to your local MP if the union wont intervene

[Deleted]

www.personneltoday.com/hr/e-cigarettes-in-the-workplace-vaping-tribunal-employers/


Felicity Alexander, employment law editor at XpertHR, explained: “The legislation prohibiting smoking in the workplace defines smoking as lit tobacco or any other substance that can be smoked when lit. E-cigarettes emit an aerosol that users inhale or ‘vape’ and this is produced from a heated solution containing nicotine.

“Employers cannot therefore rely on the legislation or their own policies that prohibit smoking to control the use of e-cigarettes in the workplace or to take disciplinary action for using e-cigarettes.”

[matt84ukvape]

I'm with a union I am going to contact them tomorrow was hoping my work would be more understanding but dose seem like there going to fire me as they obviously are treating it like I was smoking for @skwoody when u say play on anxiety stress what do you mean? Thought I'd go in today n I would get let offbut my sespention was extended n I hav dissaplinary Monday to respond to thealigation of smoking n breaching the smoking policy. As far as I can see nothing is in the smoking policy referring to ecigs or vaping, but they did find something about it not being allowed but not the actually policy looked like an internal memo n was directed at customers not allowed to vape in store.

[Deleted]

Don't argue any more about it not being smoking.

Let them pursue that line. (because it's wrong)

Your union rep will rip them to shreds if they say you were smoking.

Make sure your rep has a copy of your company handbook......so they can see how smoking is defined.........and if ecigs are even mentioned.