Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Colleague drunk at work

149 replies

Icanflyhigh · 16/01/2020 22:41

Hi all

I know IANBU with this, but more for traffic as its late.

DP received message from his work mate late last night, asking if he was OK to drive this morning (He has form for this and it usually pre-empts him having a few drinks) DP didn't read message (whatsapp) and didn't respond. Fast forward to this morning, colleague arrives at 6am to collect DP to head off to site. DP gave him the benefit of the doubt as he couldn't immediately smell alcohol etc. About half hour into their journey DP realised colleague was definitely still drunk, and had masked the alcohol fumes with coffee, so at first opportunity text the boss to say he was still pissed etc, and he wouldn't allow him on site.

Backstory to this is that DP has told his bosses on at least 2 previous occasions about the same thing and colleague being unable to drive/work on site etc and they have said they need to catch him in the act so to speak - the problem being that they work all over the country on site and the likelihood of someone from head office being able to drop everything and go and breathalyse this dick is very slim.

DP Has now refused to work with this man, he has brought the van home, told bosses he will carry the workload alone (no problem with this) but he absolutely refuses to put his life in the hands of someone who is happy to drink drive and work with machinery on site while pissed.

DPs work have said it's tough shit, and if he doesn't like it, he can leave. So as it is at the moment, DP is sat simultaneously writing his resignation, while also drafting a letter to a solicitor for a constructive dismissal case.
Are there any legal points he can refer to from HSE etc?
I am so angry at the moment I can barely speak.

Sorry that was longer than I thought. There's loads more but I don't want to overload, nor dripfeed.

OP posts:
Queenie8 · 16/01/2020 22:45

Contact the union and HSE. Sites have HSE banners all over them with the helpline.

Download/print off the company's safe work policy etc. And whistle blowing policy.

Could your dh get signed off sick instead of resigning? Stress?

MissingDietCoke · 16/01/2020 22:47

Absolutely unacceptable from the company and no reputable construction company I know would behave like this. I'm afraid I don't know any firm legal backing for this to substantiate that response but I also work in construction and I know that my company would have my back if I behaved as your DH has (ie properly and responsibly). My company regularly randomly tests for drugs and alcohol anyway, as do most of the big players as it's such a huge issue.

Maybe get your DH to check the clients policy (assuming there is a client - house builder or main contractor), there will almost certainly be a zero tolerance to D&A in the contract.

Disquieted1 · 16/01/2020 22:54

Does your husband have any evidence that this guy was pissed? Is he a medical professional who undertook the appropriate tests?
If not, I don't see how he could have any chance at a tribunal.

Original poster
Icanflyhigh · 16/01/2020 22:59

Thanks.

Company doesn't pay SSP or sick pay at all - so although he could get signed off, he still wouldn't get paid.
No random D&A testing he is aware of.
They are a contracting company so presumably there is a site safety policy. DP will look into this tomorrow morning.
As it stands, he has the work van here and the plan is to let colleague know first thing he isn't going in - the colleague will then have to walk and fetch the van from our house and hope to god that DP is at the front door to give him the keys and not me. (I am livid still)!

I have suggested contacting HSE too, and told DP that if he doesn't, I will. I've also said I have no qualms with reporting to 101, as this WILL happen again.
With hindsight, I should have reported to 101 last night and given them details of van etc and route he would be taking from his house to ours.

OP posts:
Savingshoes · 16/01/2020 23:04

I don't know about any legal points but if I think if a colleague is drunk at work and operating machinery it's realistic to ring 101 so that they can decide whether to come out.
If the police decide to come out they can ask the possible drunk if they are willing to do a breathalyzer.

Original poster
Icanflyhigh · 16/01/2020 23:06

@Disquieted1 colleague has form for this. He is a big drinker anyway, but DP has told him about it before. He also has texts which state from the colleague that he was unfit to drive.

The last time this happened was 2nd January, DP got a text quite late on 1st January asking if he was ok to drive first thing as colleague was having a drink with family. As it happened DP was booked off work 2nd Jan and 3rd so wasn't going in, but colleague was expected. He didn't turn up on either day and DP sent copies of the texts he received to the boss.

Again, without wanting to drip feed, colleague and his wife have been a friend of mine for almost 10 years, and we know the reason for the drinks last night, and whilst neither of us has a problem with anyone having a drink (I love my wine) I am massively unhappy with anyone drink driving, be it the the night or the morning after.

DP is not a medical professional, but please trust me on this one.

OP posts:
Original poster
Icanflyhigh · 16/01/2020 23:10

@Savingshoes DP refused to let him on site today, so he slept it off in the van from approx 8am this morning til 3pm today. They left site at 3.45pm to head home (2.5 hour drive home), so DP has driven both ways; circa 5 hours in total, and done all of the site work.

DP is the one in charge and he'd be putting his job on the line if he allowed the colleague on site drunk, and he won't risk that, but he also expects SOME support from the company.

OP posts:
MrsMoastyToasty · 16/01/2020 23:14

So the colleague got paid for sleeping the whole day....?

OoohTheStatsDontLie · 16/01/2020 23:15

Employers have a duty of care to employees - to stop them injuring themselves or other employees. It is more difficult if they are not onsite but if someone has raised concerns, imo (I am not a lawyer but have knowledge of H&S law) they are being negligent if they do not at least attempt to investigate these concerns.

HSE rules have changes in the last few years and there doesn't need to be an accident/ harm for an investigation and or fine - they now look at the potential for harm to the public or employees from unsafe working practices.

OoohTheStatsDontLie · 16/01/2020 23:17

I'd suggest your husband buy a cheap breathalyser so will have hard evidence

HundredMilesAnHour · 16/01/2020 23:22

If he wants to go for constructive dismissal, there are specifics that he may need to include in any resignation so he needs to get legal advice BEFORE resigning. I'd suggest asking for this to be moved to the Employment board.

I think he would be better sitting tight and getting legal advice before going in all guns blazing and resigning.

Original poster
Icanflyhigh · 16/01/2020 23:24

@MrsMoastyToasty yep thats about the half of it.

@OoohTheStatsDontLie I doubt he would blow into a breathlyser DP gave him, and yes I agree with the HSE and being safe at work, so hopefully that may be the way forward - I thin this is the in-road he has to take with his boss in the morning.

Just to be clear, DP isn't a killjoy, but this is getting to be more and more regular.... ie twice this year and we're only in the second week.

OP posts:
Longdistance · 16/01/2020 23:31

Omg, he is absolutely not allowed to be drunk on site. The boss would be culpable if anything happened. My dh works in construction and they do random breath tests at his workplace. He’d instantly get the sack if caught. I’m sure there’s some other procedure for reporting this.

LadyBrienne · 16/01/2020 23:32

Not sure its applicable in your case, however, to think about. ...

Many large contracts require the vendor to comply with specific rules of the company they are contracting with ... especially governmental contracts ... its worth the solicitor looking at this angle for occupational health and safety requirements that your husband's company would have agreed to in taking on the contract

Original poster
Icanflyhigh · 16/01/2020 23:34

Thank you, we are going to do some digging in the morning and try and speak to an employment law solicitor who may be able to help further.

OP posts:
DrManhattan · 16/01/2020 23:42

Dont go for constructive dismissal. It's nearly impossible to prove

mumwon · 16/01/2020 23:47

misses point how can he not get ssp-if he is full time permanent employed? I know you don't get the first week but isn't it a legal requirement?

Supersimkin2 · 16/01/2020 23:54

Whistleblow to HSE 0300 003 1647. Building firms have really had to clean up their act in recent years, although yours hasn't, and there is zero excuse for this shitty management.

The advantage is that DH can't be sacked once he's done this, even if the bosses don't know it's him who rang.

ahagwearsapointySantahat · 16/01/2020 23:54

Surely this is a matter for the police if he's driving drunk (and probably for operating machinery too), and if the guy gets arrested this would also force the company to deal with it properly? I would have thought it would be better for your DP (at least in the long run) to discreetly arrange a police stop/visit than to resign himself. Also resigning won't get the pillock off the road and prevent him killing himself/someone else.

ahagwearsapointySantahat · 16/01/2020 23:55

And/or what Supersimkin said which also sounds good.

Retroflex · 17/01/2020 00:01

I'm honestly wondering why your do didn't alert the police to a drink driver on the road? He could have txt you the registration of the van, what road you were on and where they were heading and the police would have pulled him over and done a breathalyser test at the roadside...

Original poster
Icanflyhigh · 17/01/2020 00:04

I know the company doesnt pay sickpay at all. I don't know how they get around that.

I will call HSE tomorrow definitely and report it - the management are absolutely terrible and their only concern is making money.

I will also talk to DP about sitting tight and taking some legal advice, though I rather think this will have to go down the route of getting signed off sick - the pay doesnt matter so much, we have some savings so can manage.

I'm also very much up for reporting to police as I absolutely don't want this twat on the road, but least with DP in the van with him.

Thanks all for the replies, and yes,moving to employment board may be a good option.

OP posts:
MaryBear · 17/01/2020 00:04

Doesn't the site have a site manager that your DH could go to when he thinks his mate isn't safe to work? Surely there's got to be someone in charge of the while site.

Original poster
Icanflyhigh · 17/01/2020 00:07

@RetroFlex sorry if I've not been clear, the colleague drove from his house to ours at 6am. DP then drove from 6am onwards. Colleague was passenger at this point. If he had been driving DP would have absolutely reported and forced a stop at a convenient location.

The drive from his to ours isn't far, maybe half a mile, but that isn't the point.

I did say earlier that with hindsight I should have reported to 101 last night when he got the text.

OP posts:
doremimimi · 17/01/2020 00:08

The company don't pay SSP because I'm guessing the OP's husband is self-employed. Most construction workers are.