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.

The percentage threshold scheme (which was only applicable to companies with a very small payroll) was abolished in 2014.

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

No it is not. comefromaway is correct.

SSP stopped being recoverable from HMRC several years ago. The employer bears the brunt of it.

Cross posted!

Are there any legal points he can refer to from HSE etc?

With the exception of the armed forces no employee can be compelled to put their life in danger.

I hope the employer sees sense that financially it is better to have your DH as an employee rather than a drunk.

Hi all and thanks.
Just to update, DP was called into work on friday pm and met with operational director and another manager. He made a statement about what happened in Thursday, brought it up with them that he was really pissed off as its not the first time its happened, nor the first time he's reported it.

Work have stepped up and said ge is absolutely in the right and they 100% support him with this.

Upshot is that a letter is being sent to colleague and he will have a meeting early this coming week. Depending on what he says at this meeting will depend on final outcome.

DP has been told definitively that once he has reported to head office, it is no longer his responsibility to manage the drunk behaviour. He has every right to refuse to allow him on site and he did exactly the right thing.

DP got a text from the colleague yesterday asking to meet this weekend for a chat. DP has told him we are busy and unavailable and he will see him Monday.

Frustratingly he still has the van. He was supposed to bring it to us on friday and post keys through our door, but that never happened.

Will update more when I have an update! Thanks everyone for your advice and input, it really is appreciated.

Takes courage to speak up and raise a concern. I wish more people did that in the workplace but totally understand why it is difficult. Good to hear a positive story that might inspire others.

HR person here.

Couple of things - how long has your DP worked there and is he an employee?

I would get your DH to submit a formal grievance in line with whatever policy they have, noting that he has made protected disclosures to xx on xx dates and times (where he has reported this before) and the the company have not acted upon these and are indeed pressuring him to resign as a result of making the disclosures. Also note that the company has failed in its duty to provide a safe working environment. Finally, report to the HSE.

@Catgirl1976

DP has done all if that and reported to HSE, work are now being very supportive of him, almost as if they realised at the 11th hour that they proper cocked up! DP has been there for 4 years.

I would hate it if you were HR at my work.

I would much prefer an HR advisor to read the submissions before offering an opinion.

Just playing absolute devils advocate here, but Dh has no evidence, zero, no proof at all.

It says this man has 'form' for this. Ie it's happened before. But once again, zero evidence.

But if I was the friend, id dispute everything! I'd tell my lawyer that Dh was talking bullshit and that he had no proof because I'd had a couple of drinks the night before, but was totally ok to drive.

Tread carefully OP!

Sound like it got raised to someone who actually knows about the legal duties of an employer are.

I work a lot with people in construction and below a certain level they generally have an awful attitude to health and safety. That's why the industry has its own special rules called CDM because they kill and injure so many people. Sadly there are enough idiots in the industry that getting them to change and realise how far behind other industries they are is painfully slow progress.

Glad they stepped up and backed your DH.

@Oblomov20 the colleague has alluded to it in texts previously. I take on board it's hearsay at the moment but the workplace are investigating now. Colleague has also messaged DP ovwr the weekend asking for a chat. I daresay he is trying to find out if DP has said anything at work.

I guess we will know more tomorrow, but DP is in the clear and work are supporting him.

Any update?
I am glad DH has the responsibility removed from him now

What happened re the van in the end? Did he return it and post the keys? I was wondering if he kept it as a reason to contact dh and try to ensure that he managed to chat to him at some point over the weekend...

Hope he returned it and didn’t cause any more problems or awkwardness for your dh on that front at least.

Van didn't get returned, so DP has had no option this morning but to travel with him. It is now in the hands of the company, but DP will be bringing the van home this afternoon and keeping it. DP made him be passenger this morning and told him he couldn't be certain he hadn't been drinking last night and that was how it was going to be from now on. DP not happy, but confident work are dealing with it, and they have a procedure to follow. They are also on site with another team this morning so no risk to DP.

What a nightmare, 💐☕️🍰

Well he's currently in his disciplinary.

Refused to take his own car and insisted on taking work van, which means if they dismiss him, DP has to put himself out yet again by going to fetch said van as he won't be allowed to being it back to us (2hrs round trip and I have to work tonight).
Just waiting for an update from DPs work, but yeah the whole thing is just a sorry mess.

I'm actually hoping they don't dismiss him instantly and this is a huge wake up call for him. DP has said he thinks he is likely to get a written warning, and depending on his attitude following this, would actually like to try and draw a line under this and move forward positively.

Obviously though,all depends on his attitude going forward and he has to absolutely stop drinking sufficiently early enough to be sober for work.

Will come back and update when we have more info.

Jeezo. Hope all goes OK.

No decision has been made yet. The can was bought home by the colleague and dropped at our house.
DP should find out more tomorrow. We do know the colleague admitted he was too drunk to work or drive, but didnt wish to hear the report that had been made as he does not wish that to impact a friendship.

Hope things have worked out okay OP, I'm glad the company seemed to step up in the end. Hope they have kept it up during the disciplinary process.

They both still have jobs as apparently a decision is still yet to be made.
DP is doing the driving but he has said there has been a marked improvement in his colleagues attitude at work and his general demeanour, ie he is doing more at work.
This is sort of what we expected and we do suspect this will be the last we here of it until such time there is another incident.
DP can live with that providing there is no more episodes of drink driving.

He's getting a written warning for being drunk at work and a warning about his conduct at work in terms of his attitude(sleeping in the van).

DP has received an email from HSE to say that drinking or being drunk at work isn't a H&S issue and is something he should take up with his employer!

So that is that. Thankfully things have moved forward for DP quite a lot this week and he won't be working there for much longer. He will soon be the proud joint owner of a successfully established business and will be working with his best friend doing what they love doing!

Hi OP,

I'm glad the 'colleague' is getting these warnings, maybe it will be the catalyst he needs to make much needed changes.

I am totally amazed by HSE's response! So if the employer had continued to ignore the reports your DP was making the HSE wouldn't care less by the sounds of it. Makes no sense!

I'm glad things are looking positive for DP, the new business venture sounds great. After what must have been a very stressful time for you both.

There are no regulations HSE can invoke to deal with someone drinking on the job or being drunk. None at all. As I said at the beginning, they don't have breathalysers. They also have no means to order blood tests etc.

The HSE would enforce against an employer in this situation, not the individual. As the employer is now taking action, there is nothing further for HSE to do unless it keeps happening and the employer does nothing about it to keep people safe. The reality is your DH has done the H&S stuff by keeping him off the tools when he's drunk - the drink driving is a police matter, not HSE.