Help Me Please Unfair Dismissal Query

[bluebottle]

Re: Help Me Please Unfair Dismissal Query

As a matter of interest do the police release an "over the limit" driver before he has sobered up?
If not the op could not have been drunk at work.

A driver who has been alleged to be "over the limit" can be released, provided they are capable of looking after themselves and not likely to become involved in any disorder or drive a motor vehicle on a road. If a breath test reveals the presence of alcohol in their exhaled breath, they will not be allowed to drive and their vehicle will remain impounded until they can provide a sample that is negative.

Operators of commercial vehicles can fit a device to vehicles, called Alcolock, which disables a vehicle's ignition system until a driver can provide a breath sample that is negative of alcohol. They are used, mainly, in the coach industry, the largest user being National Express. Alcolock can also be fitted to passenger cars and there is no reason why it cannot be fitted to motorcycles.

[Johnboy007]

Re: Help Me Please Unfair Dismissal Query

The problem here is that Thai had a legal obligation, not only to himself, but to his co-workers.
to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work
He didn't do this, he didn't check to ensure that he was free of alcohol.
Instead he chose to go into work.
This is one thing any Tribunal would make a point of, and what an employer would seize on, to justify disciplinary action.

[ironman]

Re: Help Me Please Unfair Dismissal Query

Were the actions of the disciplinary fair and reasonable under the circumstances to warrant Gross misconduct and dismissal.

As far as i am concerned the name of the business has been brought into disrepute through his actions and dismissal is a fair resolution to the disciplinary

[Johnboy007]

Re: Help Me Please Unfair Dismissal Query

Were the actions of the disciplinary fair and reasonable under the circumstances to warrant Gross misconduct and dismissal.

As far as i am concerned the name of the business has been brought into disrepute through his actions and dismissal is a fair resolution to the disciplinary

The problem that the employers had in this case, is had they let Thai work, and he had an accident, or even caused an accident.
Then the company would be liable in law.
The director/s could have faced criminal charges, substantial fines, imprisonment and even possible claims from staff member/s.
It was just an impossible position that they found themselves in and they did not have any other choice.
Having been informed by Thai that he was in fact under the influence of alcohol on his way to work.
The company had to assume that this was still the case, as Thai offered no evidence to the contrary.
Section 1, of the Health and Safety at Work Act 1974, stipulates,
It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
The operative words here being, All His Employees.

[ironman]

Re: Help Me Please Unfair Dismissal Query

It is not only health and safety legislation. If the employee through his actions had killed another person, the directors of his company would have been in the dock sitting next to him.

The Corporate Manslaughter and Corporate Homicide Act 2007

[MissFM]

Re: Help Me Please Unfair Dismissal Query

Am I the only one more than a little alarmed at the turn this thread has taken?

No-one is advocating or condoning drink-driving. The OP is not trying to justify it. For the removal of all doubt - drink-driving is wrong.

The OP has come here because, due to an extremely regrettable error of judgment on his part, he will not only (rightly) lose his driving licence but also, due to his decision to tell his employer the truth, he has now lost his livelihood.

He has asked for help - whether we can provide any guidance as to some way that he can retain his job - his living.

Instead, he's getting a lot of self-righteous lecturing on the obvious and his nose rubbed in his mistake.

A very cross and perturbed MissFM (fully prepared for the pitchforks and torches to turn this way)

[thai]

Re: Help Me Please Unfair Dismissal Query

It is not only health and safety legislation. If the employee through his actions had killed another person, the directors of his company would have been in the dock sitting next to him.

The Corporate Manslaughter and Corporate Homicide Act 2007

Dont be so stupid I wasn't working at the time! I dont drive for a living and you have all overlooked the fact that this was alcohol allegedly in my system from the night before. How many people can honestly say they had no alcohol in their system every single day they have presented for work. You all sit in your ivory tower and offer so practical help or support.

[thai]

Re: Help Me Please Unfair Dismissal Query

This isn't a legal forum at all its a forum for holier than though people to stick their nose into other peoples business. I'm not using this site again! Just for your info I'm not the person this happened to I posted it for advice on their behalf. I too like you don't dink and drive but I'm not so judgmental as all of you are and as for posting videos of accidents what is the point. The person knows they messed up - everyone deserves a second chance!

[MissFM]

Re: Help Me Please Unfair Dismissal Query

The person knows they messed up - everyone deserves a second chance!

Amen.

[Tools]

Re: Help Me Please Unfair Dismissal Query

Ignoring the personal opinions both myself and other posters as to the rights and wrongs of your actions.

Your original question was can you claim unfair dismissal, to answer that sadly no. I assume your employer has a policy on being under the influence of drink/drugs as do most. Unless you can prove you were not under the influence then you have no basis for unfair dismissal.

I fully appreciate it was the morning after and do sympathise, however I am sure you are fully aware of the law and the facts are not in dispute.

Apologies if it has turned into a personal attack, we all have our views and are allowed to express them, the nature of your enquiry was bound to attract negative/positive (depending on your view) comments which have to be respected by us all.

[Johnboy007]

Re: Help Me Please Unfair Dismissal Query

Ignoring the personal opinions both myself and other posters as to the rights and wrongs of your actions.

Your original question was can you claim unfair dismissal, to answer that sadly no. I assume your employer has a policy on being under the influence of drink/drugs as do most. Unless you can prove you were not under the influence then you have no basis for unfair dismissal.

I fully appreciate it was the morning after and do sympathise, however I am sure you are fully aware of the law and the facts are not in dispute.

Apologies if it has turned into a personal attack, we all have our views and are allowed to express them, the nature of your enquiry was bound to attract negative/positive (depending on your view) comments which have to be respected by us all.

Why is it a personal attack?
We don't even know him, we only know what he did.
My answers would have been the same no matter who asked those questions.
If the OP didn't like the answers, then tough, they were honest answers.
Just what did he expect, tea and biscuits?
Did he honestly expect us to say, "Ah there, there", "Sacking you was so unfair".
He claims that this is a forum for holier than though people to stick their nose into other peoples business.
Well I don't like to say it, but asking a question on an open forum, has made it our business.
Just as it would become his business if he had read another thread.

And to Miss FM I would like to say that our replies are not self-righteous lecturing on the obvious.
If what we said was so obvious, then the OP wouldn't be in the predicament that he finds himself in, and he would not have needed to ask the questions in the first place.
Sometimes being honest with people does hurt their feelings, but better to be honest than lie through your teeth.

The person who was drink driving if it wasn't you Thai, did get a second chance.
He managed to do so, without losing his or anybody else's life.

[MissFM]

Re: Help Me Please Unfair Dismissal Query

Why is it a personal attack?
We don't even know him, we only know what he did.
My answers would have been the same no matter who asked those questions.
If the OP didn't like the answers, then tough, they were honest answers.
Just what did he expect, tea and biscuits?
Did he honestly expect us to say, "Ah there, there", "Sacking you was so unfair".
He claims that this is a forum for holier than though people to stick their nose into other peoples business.
Well I don't like to say it, but asking a question on an open forum, has made it our business.
Just as it would become his business if he had read another thread.

And to Miss FM I would like to say that our replies are not self-righteous lecturing on the obvious.
If what we said was so obvious, then the OP would not have needed to ask the questions in the first place.
Sometimes being honest with people does hurt their feelings, but better to be honest than lie through your teeth.

The person who was drink driving if it wasn't you Thai, did get a second chance.
He managed to do so, without losing his or anybody else's life.

Well, you can say what you like, JB - but that's exactly how it appears to those who don't share your prejudices.

I repeat, people come here for assistance, not judgment.

[Amethyst]

Re: Help Me Please Unfair Dismissal Query

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