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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:
Notodontidae · 17/01/2020 11:22

I hope it pans out ok for you, but just because DPs colleague didn't work yesterday, he only needs to say he wasn't well and slept in the van, who's to say he was drunk then? And yes, I commended DP for taking over from driving; that was the correct thing to do. I do agree with you, but what I've seen happen in other companies, is the one doing all the “holier than thou” at work gets ostracized, and the culprit becomes flavour of the month, and gets a promotion. You came on here to get a variety of opinions and helpful suggestions. Stay cool OP

jewel1968 · 17/01/2020 11:38

I have huge respect for whistleblowers. Very hard thing to do and often a very selfless act. Good luck.

Notodontidae · 17/01/2020 11:42

The law is also there to protect people from being accused without proof. As I said earlier a police officer can arrest someone they assume is drunk, and may admit they are, but because it is possible that someone has had alcohol and now suffering from say a virus, they may pass the blood/alcohol test. Which is why the company and DP is still on dodgy ground.

Original poster
Icanflyhigh · 17/01/2020 11:49

Thanks all. Inherently, whatever happens, DP will be able to hold his head high and say he didn't condone it and he was happy enough to blow the whistle to stop it happening again.

To be honest, both DP and I have rhino skin pretty much and when it comes to stuff like this, there isn't a lot anyone can say that will ruffle us too much.

I apologise if I appear short with anyone, I didn't really sleep last night and was on high alert for this morning! I also fed the troll online too, which disappoints me as I'm usually pretty good at ignoring that.

DP has received a message from his work place telling him where he is working next week and who with, and at the moment we are unsure whether that incudes the colleague or not, so at some point this weekend DP has to go and collect the work van and bring it back home. Monday mornings are often an issue for the colleague, so if the van is with DP, he gets complete autonomy over whether he accepts that colleague is sober enough to work or not before he even gets near the van.
The positive to that is that DP still has his job and work to go to next week!

OP posts:
WorldEndingFire · 17/01/2020 13:49

Has he spoken to his trade union rep about this?

www.tuc.org.uk/join-union

Original poster
Icanflyhigh · 17/01/2020 17:25

@WorldEndingFire not as far as I'm aware - I don't think he is a union member currently.

Just to update, DP is currently at his place of work in a meeting with 2 x Directors and manger of works. Seems like they had a call from HSE this afternoon and they have now decided to take it seriously and investigate.
DP is not in any trouble for not going to work today, and his reasons for not attending have been accepted as valid, so much so that he has had it confirmed that he will still be paid for today - particularly as he has now gone up to HQ for a meeting at 5pm on a Friday afternoon. Had he not been available to do that, there may have been an issue.
The colleague is, as far as we know, still out on site, however DP has been copied into a whatsapp chat which clearly instructs the colleague to drop the work van back at our house at the end of today and post the keys through our letterbox. Fortunately neither me nor DP are home tonight, so nothing to worry about there.

The colleague is to be invited to the office for a meeting on Monday, so will know more then.

Thanks everyone for your responses, I do appreciate it.

OP posts:
Apolloanddaphne · 17/01/2020 17:37

That sounds very positive. At least your DH is actually been listened to now even is it took a call from HSE to make this happen.

BluebellsareBlue · 18/01/2020 01:22

So your dog and drunkard share lifts to work? Surely it's a case of "no I'll make my own way drunkard" and calm the police to report him. Why would you take a drunk person to work!?! If your husband is his boss then he should surely address this himself instead of screen shot ting texts and writing out resignations?

BluebellsareBlue · 18/01/2020 01:23

Not dog clearly, DH

BluebellsareBlue · 18/01/2020 01:24

Although whilst up with poorly DS it looks like I'm the drunkard from the poor posting 😲

Comefromaway · 18/01/2020 07:58

It’s not a case of drunkard. In construction and related industries you generally work and travel in pairs. When you travel from home to various sites with tools and equipment in a van they are exempt from tax as long as you don’t use private mileage. Also companies will only pay travel for one vehicle between two or it becomes unprofitable.

Comefromaway · 18/01/2020 07:58

That should read it’s not a case of lift sharing.

Original poster
Icanflyhigh · 18/01/2020 18:48

They have a van and it's for them both, its not a case of sharing a lift. Also DH has no access to a suitable car for work as I have that!

OP posts:
BluebellsareBlue · 18/01/2020 19:35

@Comefromaway my DH is a joiner, he's 47, been doing this for 32 years. He's the Boss, he travels in his van alone, if any of his labourers were like this he would begin discipline investigation immediately. As a retired police officer I'm totally struck as to why the police have not been called. Op no need for the PA exclamation marks thanks.

Original poster
Icanflyhigh · 18/01/2020 20:05

PA exclamation marks @BlueBell??
Where?

Do you mean where I said I have the car? I wasn't being PA at all, sorry if it came across that way. I genuinely do have the car during the day as I work too.

OP posts:
IdblowJonSnow · 18/01/2020 20:11

He shouldn't resign. He needs to put in a formal grievance. He could get signed off sick in the meantime.
Is he in a union?
His company are not behaving responsibly at all. They have a duty of care to all staff.

BluebellsareBlue · 18/01/2020 20:16

Actually OP I'm sorry, I'm a bit out of sorts today. The boy should have a CSCS card, report him to them. DH is saying that if your DH is concerned but is in the position of authority and the contract, which most of them do have, states, must be willing to have alcohol/drugs test, get your DH to get in Amazon for some strips. DH has used them in the past.

Original poster
Icanflyhigh · 18/01/2020 21:15

No worries @Bluebell - I've told DP about the strips, but it looks like we won't be needing them.

OP posts:
Newschapter · 18/01/2020 22:30

You should not know all this about your DPs work and you certainly shouldn't be posting it all over an internet forum. Anonymous or not. It's absolutely none of your business.

My dh is a site foreman and if he ever shared details like this with me the last thing I would do is post on a public forum.

You may hope you aren't identified.

BluebellsareBlue · 18/01/2020 22:44

Oh hello god aka @Newschapter. If you are married , which I doubt, does you OH tell you nothing about work? You may also have missed that drunkard is OP's friend... dimwit

Sunnytimesahead · 18/01/2020 23:05

@BluebellsareBlue - Well said!

Gogolego · 18/01/2020 23:08

Newschapter how are you on your high and mighty horse?

You're new around here aren't you? Otherwise you'd know that 80% of the threads on here and of a sensitive nature of t this kind. And it's anonymous so long as you don't post anything too outing which the op has been careful to do.

Op just stumbled across this post I hope it all works out and keep us updated. Nothing useful or constructive to add which hasn't already been mentioned

wibdib · 18/01/2020 23:45

Op might be a bit late now as only just sen your thread but if your dh needs more legal advice do you have legal cover on your home insurance? Might be worth getting if he continues to work for this company and you don’t have it. And if you do have it then using it although fingers x you won’t now need to if the phone call from the hse has been efwctive!

wibdib · 18/01/2020 23:47

Effective even! Not sure why autocorrect didn’t kick in there, it’s usually pretty keen to changes stuff I type...

Vieve1325 · 19/01/2020 09:36

Comefromaway

Actually, SSP is recoverable by the company against PAYE due if it’s above a certain amount.

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