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.

his work have said it's tough shit and DP can either put up with it or leave.

Hmm. Sounds like they don't like your DH? Most places would take being drunk on the job very seriously.

@EL888 exactly right.
DP has always got on well with him until recently when these issues have become more prevalent.
He is a massive liability at the moment, and DP is sick and tired of doing all the driving ans all the work.
I think the first option is that DP has to push HR ans management to deal with it, and I think also report to HSE.

OP, I suggest your DH does nothing in haste. However, if his colleague is in drink he should absolutely refuse to allow him to drive and refuse to let him on site. Report to management and let it be their problem, keep a log. Ultimately he has a level of responsibility and he needs to stick by that, if not then he is culpable. Senior management may not agree but if anyone comes to harm it will be DH who is hauled over the coals not them. If they over ride this then that is their decision, but it is really important your DH stands his ground.

Hi OP, This company sounds awful. It sounds like DP already has a good plan in place.
With regards to the non payment of SSP, surely DP would also have a case against the company for that because he is full time employed by them? Does he get paid annual leave?
I hope management / HSE take action tomorrow. Good luck.

Why don't you just go into work in place of your husband? You obviously clearly know how to run things better than he does......

Simple solution. Ring the police and they will come and breathalyse him. This will only be for his driving not for his working on site. I have reported someone I saw who I didn’t know swerving all over and the police came as the person was still swaying along the road. It’s not his own life DH could be saving, it’s other drivers too

Coming from a different angle here. Alcoholism is a disease. Obviously the man needs help to overcome his addiction. Speaking as an addict myself.

His employers should me taking action. Alcohol and machinery, not a good mix. He should be signed off as ill. The alcoholic, not your husband. Hope it get's sorted.

*be

Had a similar situation arise at my last job. Friend of mine had a meeting with a colleague and colleague was drunk (10am). She didn't know what to do so didn't mention it for over a week. When she did all hell broke loose - HR in the end said she was right to report it but should have done at the time, not a week later, as now there was no evidence.

Basically without proof they can't take action, and your DH say so isn't enough proof.

If your DP thinks his colleague is drink driving, calling the police is probably a better and more direct course of action than calling his boss.

Can I clarify is he drunk or hung over?
Is he saying he would prefer not to drive as he had a drink the night before and there is so much publicity now about not driving the following morning.
Or has he literally finished a drink at 5 am and got in the car to come to work?
You say it was twice this year once after New Year and once after a big event you know about as his friend - these both seem exceptional circumstances......is there really a problem or has he just done it twice?
How old is the chap? (Is he still young enough not to be taking the job massively seriously?)
Do you guys ever drink yourselves? What's your attitude to drink?

@MumDiva99 he's still drunk probably having had last drink between 2 and 3am and then work at 6am. Definitely unable to pass a breathalyser.

He is almost 50, so not a young lad.
New Years Day was an odd one, he sent DP a text approx 6pm asking if he would be ok to drive first thing, DP read it but didn't respond straight away, and then minutes later got a further text with ??? And that was it. DP responded he had the next two days booked as holiday and wouldn't be in, so no he wouldn't be able to drive. Colleague responded that new years was his time to have a drink so he wouldn't be in either but would throw a Sickie. This is the message that DP forwarded to the boss.

The big "event" this week was marking the first anniversary of the death of a family member, which I understand was tough. What I dont understand is why not just book a day off, or throw another sickie if you know you're going to be too pissed to work/drive.

DP alerted work as soon as he realised colleague was still under the influence, and this was the third time he has done so recently.

Attitude to drink; well I love my wine and gin and basically I love a drink, and yes I get drunk! DP rarely drinks as he's just not fussed by it, and quite often volunteers to be driver on a night out etc. That said, if he does fancy a few pints, he has them. We've both got a fairly healthy view when it comes to alcohol.

DP is late 30s, I'm early 40s so none of us are kids in all of this.

To update the colleague has been and collected the work van this morning. DP refused to engage, and also refused to allow me to go and hand over the keys for the van as he knew I'd have words. Probably for the best I didn't go! DP currently sat completing online HSE reporting form having text the operational director his intention to seek advice.

Where's the evidence he is over the limit? Just get the police to breathalyse him. End of

Has he written a detailed email to employer outlining his concerns? Have a look at these websites about whistleblowing and relevant protection?

www.gov.uk/whistleblowing

protect-advice.org.uk/

Call police and report him for drink drive if you want but dont expect a blue light response to your call.

Police can't breathalyse for operating machinery on a building site it is HSE regulations that govern that.

HSE don't have breathalysers though.

You need to phone the police for the drink driving element.

Online report to HSE complete and message from workplace to say they will investigate but are not happy DP has not gone into work today.
DP has said he has taken the day off to get legal advice on the matter. He has gone through his texts with a fine tooth comb and highlighted all the occasions he has reported to management and asked for them to investigate.
It does sound like management are trying to push this back onto him and he is now worried he will lose his job anyway, but that would surely be classed as an unfair dismissal then?

If they don't pay sick pay, even occupational sick pay, is he actually stupid employed for the purposes of tax rather than an employee? Very common on the industry.

Same if he can just take days off at his own behest - sounds like self employment.