Help Me Please Unfair Dismissal Query

[thai]

Hello,

My life has taken a drastic and unexpected turn and I have suddenly found myself without a job and soon to be without my driving license.

I have recently been dismissed by my employer for being "legally drunk" at work. I was drinking the night before and I got pulled over the following morning whilst on my way to work and was over the limit. I had to go to the police station and take a breath test. I then used public transport to go into work and arrived a few hours later. I decided to tell my employer and I was suspended.

My employer decided that because I was going to be turning up to work with the possibility of alcohol in my system this was gross misconduct.
They state the main reason for the dismissal was that I was "legally drunk" at work but by the time I got into work it is unlikely and certainly not proven that I still had alcohol in my system.

This is my first offence and up to now I have had no issues and a good employment record with them.

Can I claim unfair dismissal?

Thank you.

[stevemLS]

Re: Help Me Please Unfair Dismissal Query

I think you will struggle bud.

It is not a possibility that you would have alcohol in your system, it is a certainty if you blew on the way to work.

What is the nature of former work, is it safety critical?

[wales01man]

Re: Help Me Please Unfair Dismissal Query

As sorry as we may be sorry for your Predicament you could have been much worse off through your own actions.

Try and get help with your dismissal but be prepared for a fight how log have you been with this employer?

[FlamingParrot]

Re: Help Me Please Unfair Dismissal Query

My life has taken a drastic and unexpected turn and I have suddenly found myself without a job and soon to be without my driving license.

I have recently been dismissed by my employer for being "legally drunk" at work. I was drinking the night before and I got pulled over the following morning whilst on my way to work and was over the limit. I had to go to the police station and take a breath test. I then used public transport to go into work and arrived a few hours later. I decided to tell my employer and I was suspended.

This is an example of why honesty is not always the best policy. Especially where employers are concerned.

My employer decided that because I was going to be turning up to work with the possibility of alcohol in my system this was gross misconduct.

Alcohol at work is a very sticky subject. In theory, being at work with alcohol in your system, let alone drunk, is a sackable offence in most jobs I know of (a possible exception could be if you work in a pub and are bought drinks by customers). In reality, this principle is very wide open to interpretation, depending on the circumstances. In my long life, I have been "legally drunk" at work on more than one occasion. Before the pro-employer brigade come down on me like a ton of bricks, this has been after a boozy lunch with colleagues and, more often than not, also including the boss.

Turning up for work drunk all by yourself tends to be frowned upon everywhere, even by the very same people who would happily participate in the events described above. However, although in theory they could sack you for it, they don't always go that far. In fact, in most cases they wouldn't if this is the first time, and if they value you as an employee. Of course if they've been trying to find an argument to get rid of you for a while, they'd jump at the opportunity. When it comes to employment, everything is subject to the employer's discretion rather than the letter of the law, your contract or the staff handbook.

What sort of work do you do? This is very relevant, for some types of work they could argue that any amount of alcohol in your system would put lives at risk, etc. :blah:

[FlamingParrot]

Re: Help Me Please Unfair Dismissal Query

My life has taken a drastic and unexpected turn and I have suddenly found myself without a job and soon to be without my driving license.

Are you required to drive as part of your job?

I have recently been dismissed by my employer for being "legally drunk" at work. I was drinking the night before and I got pulled over the following morning whilst on my way to work and was over the limit. I had to go to the police station and take a breath test. I then used public transport to go into work and arrived a few hours later. I decided to tell my employer and I was suspended.

My employer decided that because I was going to be turning up to work with the possibility of alcohol in my system this was gross misconduct.
They state the main reason for the dismissal was that I was "legally drunk" at work but by the time I got into work it is unlikely and certainly not proven that I still had alcohol in my system.
This is my first offence and up to now I have had no issues and a good employment record with them.

Can I claim unfair dismissal?

How many hours later did you arrive? How over the limit were you when you were breathalized? Depending on these factors, you may or may not have been over the limit when you arrived.

Apart from the type of work you do (as per my post above), some companies, more so in certain sectors, may consider an incident like this as something that could affect the company's reputation, especially when it involves the police :mod: and you were found 'guilty' of the suspected offence (.i.e. over the limit), as opposed to being cleared of it. :incourt:

I recall seeing a contract of employment of a friend of mine, from a well known U$ bank, that basically said anything that would give said bank a reason to mistrust the employee would be a reason for dismissal. He was dismissed for a lot less than being 'legally drunk'. :rant: :mad2:

As a friend of mine would say: "employment law in this country sucks!" :rant: I'd better fly off before the pro-employer contingent arrives. :bolt:

[thai]

Re: Help Me Please Unfair Dismissal Query

Thank you for your reply.
I don't need to drive for my job and I was told that if the incident had occured not on work time then it wouldnt be an issue. In the hearing the manager moved the goal posts and said that it didnt matter by the time when I got into work whether I was over the limit or not they were sacking me because of the fact that I would have had any alcohol in my system. It felt like they were making it up as they went along. The letter of suspension cited the fact that I was drunk in work not that I had alcohol in my system.

I hope this make sense.

[thai]

Re: Help Me Please Unfair Dismissal Query

its not safety critical.

[Johnboy007]

Re: Help Me Please Unfair Dismissal Query

The employer has every right to dismiss you, they had no choice.
Driving while drunk is inexcusable, and you could very well have killed someone by your selfish actions.
It will be deemed a 'Fair Dismissal' in that,
Knowing that you was over the legal limit when pulled over by the Police, then you should not have gone into work.
As already pointed out to you, being under the influence of drink or drugs in the workplace, amounts to 'Gross Misconduct'.
You cannot lesser the offence by playing with words on the accusation.
I am sorry to be so harsh, but you only have yourself to blame for this sorry state of affairs.
I have no sympathy for anyone who drinks and drives.

[bluebottle]

Re: Help Me Please Unfair Dismissal Query

When you were stopped by the police, was it between you leaving your place of work and arriving home?

[bluebottle]

Re: Help Me Please Unfair Dismissal Query

When you were stopped by the police, was it between you leaving your place of work and arriving home?

[bluebottle]

Re: Help Me Please Unfair Dismissal Query

Duplicate post

[MissFM]

Re: Help Me Please Unfair Dismissal Query

When you were stopped by the police, was it between you leaving your place of work and arriving home?

It was on his way to work, BB x

I was drinking the night before and I got pulled over the following morning whilst on my way to work and was over the limit.

[bluebottle]

Re: Help Me Please Unfair Dismissal Query

It was on his way to work, BB x

Thanks for that, MissFM. What the OP has fallen foul of is a not-uncommon occurrence. I once stopped someone at 7.30 am on a Sunday morning whilst in the police and they provided a positive sample, even though they appeared perfectly sober. Remember that the roadside test only detects alcohol in exhaled breath, as does the alcolyser test at the police station. The more accurate test would be a blood test.

[thai]

Re: Help Me Please Unfair Dismissal Query

The employer has every right to dismiss you, they had no choice.
Driving while drunk is inexcusable, and you could very well have killed someone by your selfish actions.
It will be deemed a 'Fair Dismissal' in that,
Knowing that you was over the legal limit when pulled over by the Police, then you should not have gone into work.
As already pointed out to you, being under the influence of drink or drugs in the workplace, amounts to 'Gross Misconduct'.
You cannot lesser the offence by playing with words on the accusation.
I am sorry to be so harsh, but you only have yourself to blame for this sorry state of affairs.
I have no sympathy for anyone who drinks and drives.

Who the hell do you think you are. If you have nothing positive to say then don't post anything.

[MissFM]

Re: Help Me Please Unfair Dismissal Query

I think it's a bit of a there-but-for-the-Grace-of-God situation, BB, for those of us who enjoy a drink or three of an evening. Very few realise how long it takes to leave the system