Dismissed

[orangestrawberry]

I was accused of being under the influence of alcohol during a training course. I was removed from course by instructor and told me my company were sending a taxi to take me to be breathalized. I waited for an hour and a half and then received a phone call from a manager telling me just to go home they werent sending me for test. He said he would need me to come into office the following week for a 'chat'. The next I know I get a letter asking me to attend a Probationary Meeting where it was decided I was being dismissed. I appealed this and attended meeting. My reasons for appeal were that I had taken Nytol and thus made me appear 'not as focused as I could have been. (This was what Course Instructor said and also that there was no smell of alcohol. Also that company procedure had not been followed as I wasn't sent for test.

These two matters were to be investigated. However, I received a letter on Monday (more than 4 weeks after Appeal meeting) stating they could find no evidence that Nytol could affect me the following day and the decision was final. No mention of the reason why they had failed to send me for breath test.

I called the manager to discuss but he got very angry with me and slammed the phone down. I feel I have a right to see the report from the Doctors re Nytol and an explanation as to why they failed procedures!.

[ncf355]

Re: Dismissed

This sounds VERY dodgy on an employment law perspective (though I don't have a lot of knowledge in that area)

How long had you worked for them?

What was the course for?

[orangestrawberry]

Re: Dismissed

Dodgy? In what respect do you mean?

Previously I had been employed with them for a year & a half before being made redundant due to loss of business then re-employed in July.

The training course was for use of the new life jackets used on helicopters for Offshore.

[Kati]

Re: Dismissed

http://www.nhs.uk/medicine-guides/pa...medicine=Nytol

possible side effects of nytol

most medicines can cause some side-effects but not everyone having the same medicine will get the same side-effects.
the following side-effects have been associated with people taking this medicine:

• hypersensitivity reactions including rash, urticaria, breathing difficulties and angioedema
• paradoxical excitation such as feelings of increased energy, restlessness or nervousness
• tiredness
• confusion
• drowsiness or sedation
• lack of concentration
• dizziness
• balance and co-ordination problems
• convulsions
• headache
• pins and needles sensations
• abnormal muscle movements or problems controlling muscle movement
• blurred vision
• faster heart beat
• palpitations
• gastrointestinal problems such as nausea and vomiting
• thickening of bronchial secretions
• dry mouth
• muscle twitching
• urinary difficulties
• urinary retention
• difficulty in co-ordinating movement

All these could make you appear drunk/under the influence in my opinion ....

K x

[des8]

Re: Dismissed

As you allege the employer has not followed procedures do you have a copy of your staff hand book?

Regarding your employment with them i) When did you first start working for them ii) when were you made redundant iii) when were you re employed by them?

[FlamingParrot]

Re: Dismissed

Dodgy? In what respect do you mean?

Previously I had been employed with them for a year & a half before being made redundant due to loss of business then re-employed in July.

The training course was for use of the new life jackets used on helicopters for Offshore.

Were you re-employed by the same company that made you redundant or by another company run by the same people? Was the first company that lost business liquidated? Was there a gap in employment between when you were made redundant and re-employed? Were you re-employed as a permanent member of staff? Were your duties, terms, place of work, etc. identical to your previous employment?

I'm asking because I've been there, done that.

[FlamingParrot]

Re: Dismissed

http://www.nhs.uk/medicine-guides/pa...medicine=Nytol

All these could make you appear drunk/under the influence in my opinion ....

K x

Being unwell can also cause some of those symptoms, however, it shouldn't be a reason for dismissal, not without establishing you were actually under the influence.
It looks like the employers here took advantage of the fact that the OP had only been re-employed a few months ago, however, we have to look at the answers to my questions above to establish whether that's indeed the case. :decision:

[Kati]

Re: Dismissed

Being unwell can also cause some of those symptoms, however, it shouldn't be a reason for dismissal, not without establishing you were actually under the influence.

I agree - ANY of the side effects of Nytol (or any other drug for that matter) can be researched and shown, and should be taken into consideration when accusing someone of being under the influence! Without the chance to prove otherwise, it is a very biased and (in my opinion) uncalled for allegation.