dismissed from job -

pmlindyloo

Taking a different stance on this but may be helpful to stop JSA being sanctioned.

Did your friend appeal the decision? I believe she still has time. She may wish to consider getting help from her union or from CAB if she isn't in a union.

A couple of points for her to consider - is there a non smoking policy and does this include e cigarettes? Is anything written in her contract? Are there any previous instances of employees being dismissed for a similar transgression?

Putting in an appeal will certainly help with her application for JSA.

Whether smoking an e cigarette warrants dismissal for gross misconduct is an interesting one and an argument against this could certainly be made. Your friend should seek advice.

There has been no employment tribunal cases about e cigarettes. The nearest one was for an employee ( a cook, I believe) smoking in the school playground and she resigned before she was dismissed and sued for constructive dismissal. The employers said their 'reputation' had been brought into disrepute and the tribunal agreed with the employer. However, a different scenario to your friend unless there were customers/clients around.

Personally I think it is harsh.

Examples of gross misconduct.

http://www.landaulaw.co.uk/gross-misconduct/

Did they know she is pregnant?

killerkev

She certainly needs to put in a appeal as soon as possible and get advice on if the offense warrants a dismissal,
If the company knew she was pregnant she could possibly use that as "they were looking at any possible reason to sack me"

lemontart

there may well be a lot of other stuff that happened before this incident

paddyw_2

Hi thanks for all your replies - I think its best she appeals, if anything else so that she may get the chance to resign and also to assist if she claims jsa . She is hoping she will get another job though.

lemontart - Ive asked her about this , if there was any other incidents or previous stuff - no, shes never had a warning, shes been a reliable employee for four years


Yes there is a no ecigs policy - on the day it happened she was in an absolute panic as she had found out about the pregnancy and has had problems with a previous pregnancy. She was in a state and has pointed this out at her disciplinary meeting that a less conscientious person would have just called in sick.

She is going to call the WTC on Monday

nannytone_2

blondebubbles wrote: »

No there is no 26 week rule.

She doesn't need to wait until Monday, they are open today. She will get WTC for an extra 4 weeks from the date her employment ended. After the four weeks, WTC will end and she'll continue to get CTC.

i think i must have been confusing it with the 4 week run on of housing benefit if someone has claimed for 26 weeks

konark

First of all e-cigs are not a tobacco product so don't fall within the various laws on smoking at work. Employers have a right to ban their use but I doubt whether an Employment Tribunal would consider this 'Gross misconduct' unless she was working with inflamable chemicals or gunpowder, at worst she should have got a warning, especially due to her circumstances. If it was in a private office I can't see what harm was caused. I would definitely appeal for Unfair Dismissal.

Also please note that if she resigns the DWP consider that just as bad as being sacked and she will be sanctioned.

I think Merlin68 was referring not to the 7 day period before you are entitled to benefit but the actual time it takes for the job centre to process your claim and pay you.