SACKED AND I'M FUMING (Fired for smoking)

The Mirror ^ | 12/23/05 | Richard Smith

[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."

[Gabz]

You make excellent.......and if you notice in the article, the company is claiming the "agency" that sent her for the interview knew of their non-smoker policy........talk about passing the buck.

Something is fishy here.

[TheForceOfOne]

I never mentioned Government, this is my pesonal opinion.

[elkfersupper]

People who smoke don't realize how much they stink.

The clerk at my dry cleaner's loves it when I and my "stink" arrive, and she tells me so.

You see, she is forbidden from smoking on the job, and I invariably leave whatever I have just been smoking (be it cigar, cigarette, or pipe) smoldering in the ashtray of my pickup whenever I walk in there.

She thinks I stink in a heavenly manner.

[SW6906]

"I smoke cigars. I also use a chainsaw and take down tall trees that could kill me if they fall on me. I also commute on icy roads. I eat dozens of foods that clearly are unhealthy and cause heart disease and cause cancer."

Wow! Sounds just like me!!!

[A CA Guy]

They fired her 45 minutes into the probationary period.

It's the health care costs for sure.

[TheForceOfOne]

I'd put up with the smell of a smoker over someone that forgot their deodorant any day. lol

[RedStateRocker]

Big Brother will be outsourced to private industry. A whole lot of death and slave labor in Nazi Germany occurred in the privately owned factories of Krupp, IF Farben and the like. Or are you implying that if a Corporation does it to you it is good, by definition? Ha! my government serves ONLY to protect my rights from the infringement of others. And I curse any and all companies that poke their nose into what an employee does on their time off.

[Gabz]

As I said......"stink" is totally a subjective issue.

Other than the 2 brothers that live directly across the road from me, our nearest neighbors are about 150,000 chickens. The husband of a friend of mine happens to work for the grower and we got talking about the houses one day last week. I was honestly able to say that in the 2 1/2 years we have lived here I've noticed them by "stink" about 5 times.....and that was more because of weather conditions than anything.

She can't stand the smell of chicken houses, and to me they are barely noticeable........and yes she is a smoker, so no one can claim I don't notice it because I smoke :)

[elkfersupper]

I was joining you in chiding the target of your post on that subject. Just chiming in.

You know how I am.

[Gabz]

I totally understand........I just needed to get the "smell" dig in for the nico-gnatzie lurkers who love to take our posts here and totally distort them on other forums........

[2111USMC]

I agree.

You've nailed it.

[Muleteam1]

Many parts of the Federal government have unwritten policies that "Republicans need not apply." "Operating like a business" can be a b___.

Muleteam1

[Muleteam1]

>>Are they going to fire people who drink too much? Are overweight? Eat too much junk food? Race motorcycles on the weekend?<<

Coming to a theatre near you.

Muleteam1

[Still Thinking]

Whats the difference whether the descimination occurred during the interview, or after her hiring?

The interview phase is the time for both parties to determine that the deal will meet any legitimate requirements they may have. Would you leave salary negotiations till after starting? Once an offer has been made and accepted, no further significant issues should come to light. As a practical example of why this is so, she may have resigned from another position to take this job, which she obviously would not have done if they made clear during the interview they weren't interested in hiring smokers. She almost certainly has lost time in her job search due to believing she had a job.