Colleague drunk at work

[Icanflyhigh]

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.

@MaryBear DP is the site manager when they are on site - small sites requiring only one or two gangs to do each job. DP didn't allow him on site today, so consequently he had to do all the work while colleague slept it off in the van

If he's the manager, can't he fire him himself?
Also, if he's site manager, he shouldn't be doing a labourer's job.

Sounds like you're the driving force behind all this? Am I right?

@doremimi DP is full time employed status.

He isn't a construction worker as such, he works for a company in a sort of construction industry (I'm aware this may be very outing if I say exactly what it is)

I dont know how the company get away with no sick pay. They have one guy on dialysis and he has the treatment in the morning and comes to work in the afternoon as he doesnt get paid if he's off.

@Doremimi god no, last thing I want is DP unemployed but, I told him I'd try and get some info/advice that he can be armed with in the morning.

DP has no authority to hire or fire employees, what he does hold is the training tickets to make him the more senior person on site - for context a site can be a residential address, a single building or a whole row of buildings.

SSP is STATUTORY. It's not paid for by the company. It's paid by the government. The only way you would not be entitled to it is if you're self employed.
OP you sound very involved in all of this. Can you not trust your husband to work this shit out?

Agreed. If your partner is "in charge", why does he have no control over who's under him?

Resigning with the plan of claiming constructive dismissal would be foolish I'd say. Your DP should put his foot down with his boss, state that he's not prepared to have this employee working under him due to repeatedly being too drunk to work. Defy the company to fire DP for that.

At the same time, DP should tip off the police (anonymously if desired) about the regular morning drink driver.

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.

Is DP able to easily pick up a new job?
I can understand his anger & frustration - his boss' response is outrageous - just make sure he doesn't cut his nose off to spite his face, & has something lined up before he quits this job.

You’re friends with him?

The drunk driving / operating machinery while drunk stuff I completely get.

But sending copies of the text messages when he didn’t turn up for work..? He’s your friend of ten years?

Have I understood that correctly?

Do you know whether he's self employed or not? Lower tax rate? Or is he on the payroll of the company? With a contract with the company?
I think you're sticking your nose in where it's not wanted and with limited information. Not your circus, not your monkeys. Your DH is the boss you say - let him decide what to do.

A constructive dismissal case would be a nightmare OP.
It's all hearsay. You would get nowhere, lose time & gain stress, for nowt.

Best to simply find a better employer.

Oh, it's you again doremimimi.
Being confrontational and dickish on another thread tonight I see.

Although I agree in principle, DP is on dodgy ground here, where is the proof? Even a sobriety test or breath test by an official police officer is unlikely to be successful, without the calibrated machine in the police station or blood test. Your DP appears to have put himself in an untenable situation and acted outside his authority. As his supervisor, he can maintain that his colleague is unfit to work, through illness, tiredness, etc, and failure for the company to agree to the order from your DP, should have immediately prompted a call to the police or HSE. As it stands, unless he has been officially found to be unfit to work through drink, I fear DP has shot himself in the foot.

DP definitely employed full time by company. I doubt know how they get around SSP and yes I know that stands for STATUTORY sick pay.

All I'm trying to do is help DP, he is perfectly capable of sorting it himself and he will, but he's not on mumsnet and I am, so i said i would ask the wealth of information on here.

Yes, this colleague has been a friend of mine for almost 10 years. DP lined the job up for him 2 years ago, I have been with DP almost 4 years so he hasn't known him as long as I have.

DP forwarded the texts to the boss at the office, not me.

In general the law is an arse from an employee's point of view and although it looks like it protects employees in reality it is very difficult to get a successful constructive or unfair dismissal case. I really would advise that he sits tight for now. If he's in charge enough to be able to tell drunk man not to enter a site then I would suggest he still does that, reports everything in writing to the company and considers copying in any of the following; HR, the MD, the client, and HSE. The HSE must surely have a whistleblowing scheme? In fact they certainly used to, I have reported an ex employer anonymously before now and they went and did an inspection.

Thanks all, I think I've explained everything as clearly as I am able, and @Doremimimi do me a favour and sod off, I've seen your posts on other threads and quite frankly don't need your input.

DP is not going to site tomorrow, he will be visiting the office HQ and having a strong word with both the MD, the H&S guy and the operational director.
If push comes to shove, he will walk. He can find work elsewhere if he needs to but what he isn't prepared to do is be in charge of someone who is too pissed to work.

To the poster who said about DP shooting himself in the foot, I fear you may be right with this, however, DP does have proof he has contacted management on every occasion - he never deletes anything off his phone and if need be he will share that information with HSE, as he has tried to make the management take responsibility for this and been totally unsupported.

You're very rude OP. I think you should leave your DH to get on with things himself

I'd be mortified if my husband went on a website asking what I should do about my work issue. In fact, he wouldn't be my husband a day longer. He'd be told to sod off

@DoRemimimi

ODFOD

This colleague appears to have an issue with alcohol. But being brutally honest this isn't your DP's problem, it is something for HR and management to deal with. Why should he have to clear up the mess metaphorically speaking? If l was him then l would get some further advice from HSE or his union. In the meantime l would decline to work with this person (well, l say work but sleeping in a van isn't work) and not be driven / drive him.

LEts hope for his sake that he does just that then doremimimi

@EL888 this is exactly what DP has said, and refused point blank to work with this person further - which is where his work have said it's tough shit and DP can either put up with it or leave.
This is why I originally asked on here for advice and any legal points of view.

I agree this chap has a drink problem, I also agree that is not for DP to sort out.

Will come back and update tomorrow.

I also suspect it will be hard for your husband to prove constructive dismissal. If I were him, I’d hang in there and look for a better job. But, good luck to him. I hope I’m wrong.

It's not as if he doesn't like this guy or they have had some kind of disagreement. He is a massive liability and not completing the work anyway. How can this be acceptable?! It sounds like he is always drunk, hungover or absent. Work are being highly unreasonable, plus putting themselves in a bad place legally and morally. It is almost as if they are worried what your DP's colleague will do or say to them, despite being in the wrong.

Bliney @doremimimi who pissed on your chips tonight?!? 🙄