victimisation at work?

Question

Good afternoon to one and all,
nearly 12 months ago i had a heart attack,i've done all the things the doctors have told me to do.I recently got a verbal warning to absents,witch in a way i agree with [sort off] the job has been OK.NOW thy are persecuting me because i smoke,thouse that know me say i,ve done well in cuting it down.Soon to be a nonsmoker,that is beteewn me and the doctor[personal] i am not the only smoker.
wot grounds do i have to push this ferther if i have to ?

Answer 1

Good afternoon to you.
It's difficult to answer on the information you give. I suggest you keep a record of what you feel is 'persecution' so that you have evidence. If you are being treated differently to other smokers you will need to have some evidence of it. Although it is only evidence if in writing or not just your word against someone else's.
sorry I couldnt be of more help.
Well done on the reducing your smoking. keep up the good work. It will be worth it in the long run.
Happy New Year

Answer 2

You need to gather evidence that they are persecuting you on the basis of being a smoker and that the same persecution is not being applied to the other smokers.

For this you will need the support of the other smokers to back up your claims!

It won't be easy so I suggest you keep a running diary of all incidents and events. Note when another smoker goes for his ciggie and note down everything that happens...what action did the company take etc etc ..include times + days, who it was!

BUT, be very careful because having had a heart attack, they may get you out of the comapny via the backdoor method! i.e. they may claim you are no longer fit to do the job you are employed for. This is very useful tool that companies exploit and by smoking, they may claim that you are not making efforts to help yourself thus, helping them.

Rule ONE when dealing with issues like this....Cover your own back!! You know what I mean! Do not let others know what you are doing and don't let them ask!

Answer 3

How are your being victimized? Through insurance? If so, You don't have a case. An employer provides an employee with insurance for free or for a smaller monthly fee each month paid by the employee. If you were to purchase insurance on your own, it would take much of your salary. Therefore, it's a benefit from the employer. With that in mind, you have no say as to their decision to of the stipulation required to receive their insurance. Many employers are cracking down on smokers because we all know the health hazards on their life and why should an employer offer insurance to someone who doesn't care for their health. Therefore, you have no say. Try purchasing insurance on your own if you do not care for their terms.

If you feel you are being victimized as a smoker, perhaps so since an employer also has the right to ban smoking from the workplace. Second hand smoke causes harm to others and an employer doesn't need sick employees because of someone else's negligence. After a heart attack, I'm surprised you haven't quit smoking completely. Therefore, I suggest you do.

Answer 4

In the uk it is illegal to victimise or discriminate against a worker if they are suffering from a disability or condition which may or may not effect their ability to work.
Your employers cannot give you a verbal warning regarding you smoking unless you were breaching company rules. it is a legal substance and its use is not controlled. (Apart from in public)

The problem is that it is the medical team that seem to be giving you trouble. This is a grey area in British law.

How you could get out of their interferance is to go to your gp and enlist onto the stopping smoking program.
Then you can go back to your company health advisors and they will have to back off!

hope this helps.

Answer 5

You're not planning on sticking around for much longer, do you? STOP SMOKING. Anyone who tells you the same is not out to get you, they are really concerned about you. Take this from a former drug addict who rejected everyone who was against his using, you're killing yourself one cigarette drag at a time, I know you've heard this before but in your case it doesn't get anymore real. What's so good about smoking that you are willing to die for? Did you enjoy the hospital stay last year? You gotta be past 45, 50. Stop acting like a rebellious teenager, you shouldn't have a 27 year old talking to you like this.

Answer 6

You don't really, by law it will soon be illegal for you to smoke in a public place, Yes if you have cut down you have done well, but after a heart attack, which can be further influenced by smoking, I am surprised you didnt kick it into touch completely..Don't you want to live? Sorry don't wish to sound off at you but my dad died as a result of smoking and drinking and i know what his death did to the family....Give em up...Good Luck

Answer 7

Push what further? where?.... why complicate things any more. If you know that you are doing the right thing then take no notice of others. They are probably seeing you say one thing and do another. So your actions are belying your words, and some people cannot see any further than that. The do not have the proper reasoning ability to see the underlying situation and how it may develope. I wouldn't waste any more grey matter on them.

Answer 8

It is your personal choice to smoke and it is none of their business what you do in your personal time, unless they can prove that this is effecting your work directly then they have no grounds to say anything or give you warnings or lectures about it. Your can tell them they are descriminating against you unless they can actually prove that it is effecting you work.