Drug Allegation

[wenkywoo]

I work in retail and have recently been suspended as a work colleague has falsely accused me of buying drugs on duty and i am wanting some advice if possible.
OK so myself and this work colleague dont get on at all and she has decided to try and get me sacked with this false allegation.
One afternoon two drunk young lads came into the shop and placed a bag of weed on the counter and offered it to me to buy but obviously i point blank refused it and asked them to leave the shop. However this colleague of mine decided to make up that i bought weed off the two lads and i have been called up to an investigation on saturday. CCTV images shows the lads in the shop with weed on the counter and i leave the shop 5 mins after them. Yes i realise it looks dodgy but i never bought the weed and there is no CCTV to prove i have. I was just wondering what the laws are on employment, do they need solid evidence that ive bought weed off the customer because if thats the case then they havent got any as i didnt purchase the weed. But if not, is just the accusation of this girl and CCTV that SUGGESTS i have bought drugs enough evidence for them to dismiss me? Any advice would be greatly appreciated for where i stand and what may help me in this investigation on Saturday.
I have worked there 6 months and am currently suspended on full pay

[bluebottle]

Re: Drug Allegation

I will ask our members who are familiar with Employment Law issues to look in on this thread and advise.

As for the drugs issue, that is something I can deal with.

Although employers can, legitimately, conduct drugs-testing on employees, as part of their compliance with health and safety at work legislation, suspending someone on the basis of an unsubstantiated and uncorroborated allegation of an employee whom, it would appear, has a history of making false allegations, is, in my considered judgement, dangerous, in the legal sense.

My gut-feeling is that this other employee is a bit of a trouble-maker. Has she made allegations against you on a previous occasion or occasions? If so, she may be committing a breach of anti-harassment and/or public order laws, as well as Employment Law, in which case, she could be heading for the Jobcentre, if not, the police station, or both. Allegations of the sort she has made are taken very seriously.

BUMP FOR MILIITANT OR SPRINGER SPANIEL

[teaboy2]

Re: Drug Allegation

The employer only needs reasonable proof - The evidence they have is suggestive, but that's all it is, suggestive only. It neither proves or disproves. A good point you should bring up with your employer, is what evidence does your colleague have that you purchased the drugs other than her own hearsay evidence/statement? i.e. word for it! After all she never followed you out of the shop when you left 5 minutes after the two drunken louts offered the drugs to you. So for all she knows you may have popped to the shop next door or just simply gone about doing your innocent and lawful everyday business.

I personally would write a formal grievance letter to your employer about your colleague making false criminal accusations against you. Making it clear you both do not get on nor like each other, and why its a false accusation by explaining what you actually did when you left the shop. Make it clear that false accusations amount to harassment under the protection harassment act 1997 and the employer has a legal obligation to protect employees from being harassed whilst in their employment. Also include a list of dates and details of incidents between you and your colleague - though be honest and truthful about such events. Make it clear to the employer that the evidence they have is suggestive only and neither proves or disproves the allegation, and all they really have is just your colleagues word for it, even though she never witnessed what you did or didn't do or where you went when you left the shop. Which therefore means they have no proof as to whether her word is true. State that, if she claimed you left the shop and went on to murder someones dog, would they just assume she was telling the truth based on suggestive CCTV footage showing you leaving the shop 5 minutes after someone came into the shop and left with their pet dog? - Different scenario but same course of events and same principle with same suggestive evidence.

Basically all they have is circumstantial evidence that proves nothing.

Now if you yourself don't take any drugs, then you can also state in the letter, that your more then willing to have a blood test done by a company appointed doctor, which will prove you have no drugs in your system and therefore proving you do not do drugs, which also proves you did not buy any either and that your colleagues accusation is false. Making it clear that if they refuse your offer, and/or continue to disciplinary procedures against you for something that did not happen. Then you will take them to tribunal for unfair dismissal and harassment in the work place. Also make it clear that you are considering taking legal action against your colleague for slander as a result of her making such a false accusation if she refuses to or fails to give you a formal apology admitting her accusation was false.

So yes you have 2 courses of action you can take. One against the employer should they continue the disciplinary procedure against you and one where you can take civil legal action directly against your colleague for slander and/or harassment.

EDIT

Just noticed you only been working for 6 months so you wouldn't be entitled to take the matter to employment tribunal - Though you can make a civil court claim against your colleague still.

[miliitant]

Re: Drug Allegation

SORRY FOR BEING BLUNT

as teaboy has allready pointed out, the employer only needs a reasonable belief an event happened

also, as you have only been employed for six months, the employer can get rid of you at the drop of a hat with no come back unless its on grounds of sex, disability etc

in your position i would go with the grievance as sugested, the employer may then just want this matter to go away quietly

get the grievance in before the formal disciplinary meeting though on your collegues unfounded allegations

thats is prob your only chance of keeping your job

take a urine test

cannabis stays in your system for up to 28 days