Employee Law - employee drinking vodka at work!!

[BrassicaBabe]

Hi

We've been informed via a reliable source that one of our employees was drinking at work yesterday. Although we didn't smell/notice anything.

This would be considered gross misconduct and we would sack him. (Following disciplinary, grievence and appeal procedures etc) He would be a serious H&S risk to himself and others around him (farm worker using heavy machinery etc).

How do we get the proof to act? (How can we not?! We have a duty of care to him, other employees and the general public! Feel stuck between a rock and a hard place - have responsibilities to others, but a responsibility to be fair to him.)

It is possible he has alcohol on his person or in his posession. Can we search him? Can we search his bags that are in our vehicles?

Is finding the alcohol proof enough?

We don't have a specific drugs/alcohol policy

Any advice/links would be gratefully received!

Many thanks

Goodness my business say it is an illness and one individual had nearly 6 months off! Then he was offered redundancy/a pay off although the business paid for him to have legal advice on whether to take it. Mind you he had attempted suicide and had a gambling addiction aswell. He had an awful lifestory and I did feel sorry for him.

In fact in another company another person was helped through alcoholism also. She was blind drunk on vodka every day and was driving to work. Her husband worked abroad, she had no friends and was desperately lonely.

All were big companies though with no worries of how to fund such gestures. Must be hard if it is a small business.