There have been 3 people sacked from my depot this week for smoking in the cab. I myself am a non smoker, and agree that drivers should’t be doing it, but the manager has been following us around looking for drivers having a smoke. They caught 3 drivers on the same day, and they all got the sack on the spot. They have no photographic evidence, but they say that as two managers witnessed it that the drivers cannot appeal. Surely this is a bit harsh? Should they have got a final warning first? All three drivers have not been in any trouble before.
it seems like its an easy way to cut staff cost cheaply! having said that if its a gross misconduct in your they have them bang to rights. but in law they still have a right to appeal.
I’ll state my interest right now, I’m a smoker.
I don’t honestly think they’ll have a leg to stand on because not only will it be company policy not to smoke in the vehicles, but they are actually breaking the law by smoking in the work place. As much as I detest the nanny state which brought this law into being, the fact is it’s the law so I imagine that unfortunately they’ll have no recourse.
I am assuming that the company has a no-smoking policy and that any breach of this will be instant dismissal - that being written into a contract that the drivers signed 
It does sound like the company wanting staff cuts without paying staff off, eg redundencies.
it is harsh but I doubt the drivers will have a leg to stand on, as they were breaking the law. I dont know any company’s which want there employee’s knowingly breaking the law. Yes it ■■■■■!
Surely they would have to have some sort of disciplinary hearing into the matter before dismissal. Although if they have two managers who have caught them then they have had it pretty much. At our place the smell of smoke in the cab is enough to start an investigation.
Glad the tm at my place smokes, as they dont care what we do in our cab, aslong as its not infront of manger directer 
It does amaze me the amount of drivers you see smoking in cabs in traffic. I have been told by our Driver Trainer that any DHL manager/Driver Trainer can report smoking, mobile phone usage, bad driving by any DHL driver and start of an Investigationary Procedure. I don’t know the truth of it though.
That looks like constructive dismisal to me.The employers should have a smoking policy set in place ,are the drivers aware of it? Has anyone been made aware there was an issue that smoking was being carried out in the vehicles? To catch one driver smoking is one thing, to catch three suggests it is a problem they know about, if so what measures did the employers take to prevent harm to employees from this smoking going on? i.e when where they aware of it and what actions had they taken?
I know where you are coming from with that Mike, and if the no smoking was merely a company policy I’d agree with what you wrote 100%. The difficulty lies in the fact that it’s the law of the land and as we all know ignorance of the law is no defence, so it’s not as if they could say they didn’t know it was illegal.
We could take it to a ridiculous extreme and say that we all know murder is a crime, so if an employee was convicted of murder would he be able to claim constructive dismissal then?
I know that example in know way compares with the “crime” of smoking but I’m sure you get my drift.
As an aside, if smoking is SO harmful to us, why don’t they just outlaw it? Could’nt possibly be something to do with the huge revenue it still generates this morally bankrupt Government could it?
Whether it is a witch hunt or not, the smoking ban in the workplace & vehicles came into force in July 2007. It is hardly new, and everywhere has no smoking signs up as should the vehicles.
Same where i work its an instant dismissal being caught smoking in the truck, though i don’t think general staff go out looking for people doing it and wouldn’t bother their backside, since you go into a truck its pretty obvious someone has been smoking.
But then again get someone higher up chain notices you smoking in the cab and your out the door, seen agency drivers escorted off the site by security guards because they had been seen smoking.
Is it the actual law of the land, i thought it was council bylaws. I was in the pub with a mate who is a policeman and a few of his mates from the police where in as well. I accidentally lit up a ■■■, then quickly remembered about the smoking ban. I said not good in front of a bunch of cops i’ll get a fine they laughed and said no we have no powers to give out fines for smoking in a pub or anywhere else its a local bylaw. They said the only thing they can do is if they notice someone smoking in a pub they can report it to the licencing board which could mean hassle when it comes from re-newal. I remember all these stories about the traffic cops busting people for smoking in trucks, guess they were all the usuall BS.
In certain places ive noticed council officals going around dishing out penalties for smoking in vehicles, isn’t really a problem for me, i smoke when i’m driving with the window open cuts down the smell a bit. But when i’m parked somewhere usually just go outside have a ■■■.
I find it strange now i never get to smoke inside, at home i’ve a young daughter and i don’t like smoking in the house so go stand on the balcony of the flat for a ■■■ the only place i smoke inside now is my mates house occasionally.
I think its discrimination and that’s supposed to be illegal.
tofer:
It does amaze me the amount of drivers you see smoking in cabs in traffic. I have been told by our Driver Trainer that any DHL manager/Driver Trainer can report smoking, mobile phone usage, bad driving by any DHL driver and start of an Investigationary Procedure. I don’t know the truth of it though.
Why does it amaze you how many of us smoke in our cabs in traffic or otherwise? OK so its illegal, but its a bloody stupid law and as far as a good many are concerned its nobodys business but ours and I for one will continue to ignore it.
AS a non smoker I am considering taken, it up
what a load of tosh next you will be not allowed to
breathe whilst driving,This is wrong as many people
who drive do smoke and is it that bad, sorry I do not think so.
easy solution.
smack the jumped up ■■■■■■ of a manager in the face. he will say “i’ll phone the police”. hit the [zb] again. they always end up backing down.
then you demand a pay rise. there’s no point in letting him headbut your fist for [zb] all. is there?
oh. don’t forget to shag his wife.
what a load of crap sounds to me like a easy way of cutting the workforce without having to py anything .
place i work for told me about it so pulled up in every service station and had a ■■■ , every delivery was late and they had to send someone out to rescue me as out of time , mangment was not best pleased but it was the TM that told all the drivers to do it .
to be honest if am out in someone elses unit that dont smoke then i pull up and have a ■■■ but when am in my unit that only i use all week then i smoke in it as they all get valated over the weekend and has plenty of airfreshners .
understand they have to put stickers on etc as its out there hands .
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .
psv8:
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .
If the police are pointing at you for smoking you might want to take heed. It’s not because they are worried about the smoking in the work place law that they are pointing at you, it will be for a potential larger fine and points for a more serious offence such as driving with undue care and attention or whatever it’s called these days. The police have nothing to do with the enforcement of or the issuing of penalties for breaking the work place smoking ban.
limeyphil:
easy solution.
smack the jumped up ■■■■■■ of a manager in the face. he will say “i’ll phone the police”. hit the [zb] again. they always end up backing down.
then you demand a pay rise. there’s no point in letting him headbut your fist for [zb] all. is there?oh. don’t forget to shag his wife.
i like your style but the mangers misis is a dog 
but his daughter is worth one
Coffeeholic:
psv8:
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .If the police are pointing at you for smoking you might want to take heed. It’s not because they are worried about the smoking in the work place law that they are pointing at you, it will be for a potential larger fine and points for a more serious offence such as driving with undue care and attention or whatever it’s called these days. The police have nothing to do with the enforcement of or the issuing of penalties for breaking the work place smoking ban.
but that could also be classed as anyone who drives a car , the van is my own persnoal veicle and is a camper on the log book there for not not commercial vehicle so exluded from the rules .