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SACKED AND I'M FUMING (Fired for smoking)
The Mirror ^ | 12/23/05 | Richard Smith

Posted on 12/23/2005 7:13:34 AM PST by Millee

SACKED smoker Sophie Blinman threatened to take her former employers to court yesterday, fuming: "I'm furious. Surely this is discrimination."

Stunned Sophie, 21, was given the boot 45 minutes after starting her new job even though she promised not to light up in office hours.

Her bosses declared: "It's positive discrimination and we're proud of it." Experts agreed the company was not breaking the law. But smokers' pressure group Forest said: "This is outrageous."

Sophie, who smokes five to 10 cigarettes a day, was delighted to land her £6-an-hour job as an administrator at Dataflow Communications.

She said: "I dressed smartly, arrived in good time and was about to be taken on a tour of the offices when I was asked if I smoked. When I said I did, I immediately sensed a problem.

"I explained I'd happily wait until my lunch break to smoke, and leave the premises to do so. But I was told the company didn't employ smokers and there was no longer a position for me.

"I can't believe a business is allowed to have a policy against employing smokers. I was never even asked at my interview if I smoked."

Threatening legal action, Sophie, of Shepton Mallet, Somerset, added: "This has left me angered and unemployed. I shall be seeking legal advice."

Dataflow, which employs 20 workers at its offices in Wells, advertises its non-smokers policy on its website.

Managing director Fran Edwards said: "All our employees have been recruited on this basis. We can't make an exception."

Information Services boss Ian Murray added: "We didn't ask Sophie at her interview if she was a smoker because we assumed the agency that sent her only asked non-smokers to apply."

Employment lawyer Frank Ryan said: "This is unusual, but it doesn't breach the law. Sophie won't qualify for unfair dismissal but she might challenge on the grounds of human rights."

Forest said: "Only smokers can be discriminated against without penalty."


TOPICS: Business/Economy; United Kingdom
KEYWORDS: fired; libertarians; pufflist; smoking; smokingandfuming; wodlist; workplace
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To: Paloma_55
She should get the ACLU to help her out.

Since this happened in the UK, the ACLU will be of no help.

101 posted on 12/23/2005 9:06:33 AM PST by reg45
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To: xrp
As long as you drug addicts get your fix, I guess.

Nice moralistic argument. I'm sure you have no vices.

Constitution Party and libertarians, YOU?

Mostly libertarian.

Funny how supporting private property/business rights and disliking drug addicts makes one a Nazi! A rather poor comparison considering the atrocities committed by the Nazis vs the belief in freedom and Liberty, DONTCHA THINK?

Active discrimination against people using a legal product is not something I support, and I doubt if too many libertarians support it either. Also, I doubt many libertarians would share my hope that the company goes under in a spectacular fashion. But that's the way I feel about it.

I have little patience for you nico-nazis. And yes, Hitler was a fervent anti-smoker, hence the term "smoke Nazi." Smokers have been more than polite and most put out the smoke when asked even when outside in a windy area. And this is where it gets them. Perhaps a more aggressive strategy is in order.
102 posted on 12/23/2005 9:12:45 AM PST by mysterio
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To: Semper Paratus
Would the company be able to fire or not hire persons who engage in anal sex?

In England? You've got to be kidding. Of course it isn't, that's private protected behavior and none of any company' business. Hey the folks participating in that could very well be partner's in a civil union, like the recently "united" Elton John and his partner. Or they could even be married hextrosexuals. .

103 posted on 12/23/2005 9:12:47 AM PST by El Gato
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To: Go Gordon
Whats the difference whether the descimination occurred during the interview, or after her hiring?

Ethically or morally, probably none. However legally there could be a big difference. You have no right to be hired, but once hired you have a legal interest in keeping your job. At least under US law, in at least some states, but I wouldn't know about English law for certain.

104 posted on 12/23/2005 9:15:03 AM PST by El Gato
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To: SittinYonder

Fired for smoking ping


105 posted on 12/23/2005 9:15:20 AM PST by eyespysomething (http://members.cox.net/transam57/lights.wmv)
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To: Millee

All these ridiculous policies will do is cause people to start lying about their smoking. Just what we need...a smoker's underground. This is crap.


106 posted on 12/23/2005 9:15:32 AM PST by sweetliberty (Stupidity should make you sterile.)
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To: mysterio
I have little patience for you nico-nazis.

You're mistaken. I have no problem with people smoking. However, I do not smoke myself.

I believe that a person(s) right to run his business the way he/she sees fit trumps the rights of the employee(s) under any circumstance. On the flip side, I am staunch opponent of anti-smoking legislation forcing businesses to go smoke-free.

When a person thinks that they can do whatever they want, despite their employer's stated job requirements, that is a problem. Employees forget that they work for the employer, not with the employer.

107 posted on 12/23/2005 9:17:43 AM PST by xrp (Conservative votes are to Republicans what 90% of black votes are to Democrats (taken for granted))
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To: FlyVet
Are they going to fire people who drink too much? Are overweight? Eat too much junk food? Race motorcycles on the weekend?

Yes, yes, yes, and yes. That's what happens when the company pays most or all of your health care expenses. He who pays the piper gets to call the tune.

Unless of course the law indicates otherwise, which it often does in such cases. In the US you can't discriminate against old people, black people, or on account of race, or in some jurisdictions on account of sexual orientation.

108 posted on 12/23/2005 9:22:30 AM PST by El Gato
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To: ladyjane
You must have been brought up in the south. Up north it's called skiing.

You guys don't have lakes and boats for water skiing?

109 posted on 12/23/2005 9:22:56 AM PST by Triggerhippie (Plus ça change, plus c'est la même chose. <<<Sarasmom is a F'n lunatic - Beware>>>)
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To: SandRat
LARDBUTT that needs Omar the Tent-maker as a seamstress)

Yes, but I must point out that Omar is a tailor, not a seamstress. The seamstress would be Fatima.

110 posted on 12/23/2005 9:24:03 AM PST by El Gato
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To: HamiltonJay; xrp
You both make compelling arguments. I just believe that once one gets a job, as long as they are doing that job to the (work-related) satisfaction of the boss, they should be allowed to keep it. I firmly believe in the slippery slope and believe that if we start firing people for things they do on their own off-hours time, soon most of our freedoms will be lost.

What if my boss finds out I collect and target shoot guns? Or (gasp!) hunt deer?!!? Should he be allowed to fire me because he doesn't like guns or hunting?

It can and will be taken to the extreme if we don't nip it in the bud.

111 posted on 12/23/2005 9:24:15 AM PST by SW6906 (5 things you can't have too much of: sex, money, firewood, guns and ammunition.)
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To: rightinthemiddle
I wonder if the moose smokes?

Nah, but he drinks like a fish.

Moosehead of course.

112 posted on 12/23/2005 9:26:23 AM PST by El Gato
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To: El Gato

I have worked at my job for 19 years. Do you believe the owner has the right to now change the terms of my employment and insist that I give up snow skiing, waterskiing, target shooting, hunting, my sports car, my beer-drinking and my occassional cigar, or else be fired?


113 posted on 12/23/2005 9:27:13 AM PST by SW6906 (5 things you can't have too much of: sex, money, firewood, guns and ammunition.)
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To: SW6906
Unlikely. The reason being that you will never find a large percentage of employers who will not employ parents, smokers, gun owners, Republicans, etc in one fell swoop. It would get to the point where the country would be full of employers with no employees.

The free market would correct for this and employers would make adjustments so that they could run their businesses. Actually, the free market would never allow things to get to the point where there are no employees and just a country full of employers. It's self-defeating.

114 posted on 12/23/2005 9:27:31 AM PST by xrp (Conservative votes are to Republicans what 90% of black votes are to Democrats (taken for granted))
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To: mysterio; xrp

xrp is not advocating a sweeping governmental policy that discriminates against all smokers. He is simply saying that, as a private enterprise, this business has the right to set its own standards of whom they will and will not hire. If they do not want to hire smokers, or homosexuals, or heterosexuals, or vegans--that should be their right. They decide what kind of culture and workforce they have. No governmental agency should be able to impose that on them.

Now, another business could come along and say, "We only hire smokers." They should be able to discriminate against non-smokers if they want.

Of course, if an employer establishes a discriminatory employment policy that raises hackles, the marketplace will punish it by not doing business with that company.

A business should be able to decide who their suppliers are. The business owner decides where they get their computers, their tech support, their widgets, etc. The employer also decides who provides their labor. They buy it from people who meet their criteria.


115 posted on 12/23/2005 9:27:34 AM PST by Choose Ye This Day (Win the war. Confirm the judges. Cut the taxes. Control the spending. Secure the border.)
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To: Millee

Smokers are not currently of the "more equal than others" class.


116 posted on 12/23/2005 9:28:18 AM PST by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: wideawake
if you can fire smokers for their unhealthy behavior (which you should be able to do if you're paying their health benefits), why shouldn't you be able to fire people who engage in highly dangerous sexual behavior?"

One is filthy disgusting behavior, the other is a filthy disgusting behavior sanctioned by the liberal nanny State.

117 posted on 12/23/2005 9:28:31 AM PST by El Gato
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To: 2banana
The homosexual lifestyle is much more unhealthy than smoking 10 cigs a day...wonder if a company could do the exact same thing...

They could unless the state or local government prohibited it. Quite a few do now days.

118 posted on 12/23/2005 9:29:00 AM PST by Always Right
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To: xrp

I agree with everything you just posted. We basically agree on everything. Except I would have a small chuckle if the policy came back to bite the company in the hindquarters.


119 posted on 12/23/2005 9:32:15 AM PST by mysterio
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To: El Gato

Precisely.


120 posted on 12/23/2005 9:32:32 AM PST by wideawake
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