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Original poster

Shocked - need advice. DH summoned to disciplinary for being 'under the influence'.

104 replies

GoatyMcGoatface · 24/03/2018 13:54

Help! DH has just received a letter in the post summoning him to a disciplinary meeting for appearing to be under the influence of alcohol at work (based on his mannerisms observed by someone on the day).

I was working away on the day in question so I can't confirm whether there is any grounds for this as I barely saw DH. DH obviously says he was not under the influence and hadn't had any alcohol at all. He has quite a long drive to work so wouldn't want to risk driving while impaired.

He isn't in a union. He works with a couple of people and believes one of them might have a grudge against him following a disagreement some months ago. He's worked there just over two years.

The letter threatens summary dismissal.

What do we do - how can he refute this? It would seem to be one person's word against his. I'm concerned they might be looking for an excuse to get rid of him due to the disharmony between him and the other man, and the fact he's taken (what I would consider) a relatively high number of sick days (there has however been no management of his absence at all).

I can't really think straight at the moment. Can anyone help?

I have NC for this for obvious reasons.

OP posts:
clarrylove · 24/03/2018 14:32

He should definitely try and get a colleague to be there. Doesn't have to be a friend. They won't be allowed to speak, just act as a witness.

Original poster
GoatyMcGoatface · 24/03/2018 14:33

I'm fairly sure he has been there more than two years - he was originally contracted but then taken on permanently, which is why I'm not 100% sure.

OP posts:
StealthPolarBear · 24/03/2018 14:33

Op how shocked would you be if it turned out to be true?

JoJoSM2 · 24/03/2018 14:34

It could be brought up 2 weeks later if he works with clients or around people but someone who spotted it. Might have only just contacted the company rather than do it immediately.

However, if he's got a drinking problem and they keep an eye on him in the future, he might get himself fired easily even if they can't prove anything about that particular day. Going by some alcoholics that have done building work for me, they seem to think they can hide it well but it's really dead obvious to everyone around them.

Alicatz66 · 24/03/2018 14:35

Not your problem ... bet he ain't online spilling out his heart ..

clarrylove · 24/03/2018 14:38

Are there any cameras at work, in the car park or reception area maybe that would demonstrate how he was be behaving/walking/speaking that day?

KickAssAngel · 24/03/2018 14:45

So - (as far as you know) - purely on hearsay from one person, a couple of weeks ago, they think he may have been drunk at work? No-one spoke to him at the time, or immediately afterwards. They let him drive home believing him to be drunk, and now they get around to sending a letter?

I think your DH should be asking them some questions. Do they generally, knowingly, allow drunk drivers to leave the premises with no attempt at preventing that? Do they really allow people to work a full day when drunk without trying to talk to them? Do they allow this situation to linger for weeks before even addressing it? And is hearsay really a good basis for such a serious accusation?

He should ask for a full copy of disciplinary procedures from HR or whoever would have them, and ask for a copy of any/all workplace behaviour expectations.

It doesn't sound like this is being dealt with very professionally.

Original poster
GoatyMcGoatface · 24/03/2018 14:52

I would be quite shocked, StealthPolarBear - more because it would mean he'd been drink driving, if you see what I mean, which he is always very careful about. He's in his 50s and is a very careful driver.

Alicatz It is my problem, unfortunately - even leaving aside the consideration that I'm upset for him, losing his income would be unwelcome (fortunately not disastrous, as I am the higher earmer) and it wouldn't set him up very well for finding other jobs with a dismissal on his reference.

OP posts:
Judydreamsofhorses · 24/03/2018 14:52

Does he suffer from migraine at all? I had a really bad one last night, and anyone who didn’t know me would have thought I was drunk, despite not having any alcohol - DP had to help me undress and put me to bed like a child.

Original poster
GoatyMcGoatface · 24/03/2018 14:54

I'm going to compose a reply asking for a copy of the disciplinary procedure and any statements on which the allegation has been based.

OP posts:
Original poster
GoatyMcGoatface · 24/03/2018 14:55

He does suffer from aura migraines, but hasn't mentioned that he had one on that day.

I'm so annoyed that I wasn't at home that day - I could have provided a statement to back him up. Obviously I don't want to lie, because my employer would know I was away on the date in question.

OP posts:
JaneEyre70 · 24/03/2018 14:56

Does your DH have a copy of his terms and conditions of employment, so he can read about their drug/alcohol policy and if they are able to test on the job? I'd also consult an employment solicitor, it's money yes but so worth it for the peace of mind. It shows that he's taking this allegation seriously too.

Also, can he think back to taking any medication that day ie for a headache, antihistamine?

NameChange30 · 24/03/2018 14:57

Why are you writing the reply for him? Confused

It is a good idea to ask for the disciplinary procedure though. Also look up the Acas guidelines on disciplinary procedures and dismissal.

You say he regularly drinks at the weekend and in the holidays - how much drink are we talking?

Original poster
GoatyMcGoatface · 24/03/2018 15:00

He says he didn't take any medication and wasn't feeling ill. I'm going to try my union's legal line on Monday as a first port of call.

OP posts:
Viviennemary · 24/03/2018 15:02

He should ask work for a copy of the allegations against him and say he won't attend the meeting until he has time to arrange a witness. And try and get somebody from work who he's friendly with to be the witness. Seems odd they are holding this meeting without speaking to him first. Did he have a chance to drink that day, and did he interact with any other colleagues or any customers or are there any other witnesses to his behaviour.

NameChange30 · 24/03/2018 15:03

Also, i really don’t think you need to pay for legal advice at this point. You can call the legal helpline you have access to (useful!) and if necessary, contact or visit your local Citizens Advice. They have info on their website too:
www.citizensadvice.org.uk/work/problems-at-work/dealing-with-disciplinary-action-and-dismissal-at-work/

If you do contact/visit them it would be helpful to have a copy of his Terms and Conditions, start date(s), and the disciplinary procedure.

Original poster
GoatyMcGoatface · 24/03/2018 15:03

I'm writing the reply (with his input) because I deal with business correspondence on a daily basis whereas DH rarely has to write an 'official' letter and types at the pace of a snail.

OP posts:
Original poster
GoatyMcGoatface · 24/03/2018 15:09

Thank you for the link, AnotherEmma.

He would only have had an opportunity to drink that day if he'd done it in the morning, as he was on an afternoon shift. I left the house at 5am as I was travelling to a meeting and he was still asleep - I phoned him at about 10am to ask him to do some shopping and he sounded normal. He says as far as he remembers he got up about 9:30, took the dog out and then went to the supermarket.

I didn't see him back home until about 10pm and I don't remember that he seemed drunk or otherwise out of the ordinary.

It's not a customer-facing environment but there were other colleagues there.

OP posts:
NameChange30 · 24/03/2018 15:13

If there were other colleagues at work that’s good; it means there will be witnesses.

Well, it’s good if he wasn’t actually drunk!

AnnieAnoniMouser · 24/03/2018 15:14

Unless they have CCTV or something, even if he was plastered, they won’t be able to make this stick. A disgruntled colleague accusing him is not going to carry any weight if it goes further than this initial meeting.

You need to get him to find his contract to confirm when he started there as a permanent employee.

I hope he’s looking for another job, because this will make working there awful.

Ignore the goady posts, they’re not worth your energy.

SirGawain · 24/03/2018 15:15

Alicatz66
Not your problem ... bet he ain't online spilling out his heart ..
That not a particularly helpful remark Aicatz. I pity your other half if that is you level of support for their problems! Of course it's the OPs problem.

peacheachpearplum · 24/03/2018 15:15

Has he been suspended? If he has been working since the complaint and is still working I don't think they can dismiss him. Well that was what we were told at work when someone had a disciplinary. They said if he wasn't on a final warning and he had been allowed to work you couldn't sack him for gross misconduct. It was in care so might be different.

Lovesagin · 24/03/2018 15:17

Op, in a gentle way, is it possible that it's true? I'm getting a bit of a 'vibe' that I can't put my finger on from your posts.

If it is true he still deserves to be treated fairly Di t get me wrong, but it's just.....I dunno.....although I guess you must be in shock too.

I'm sure it will all work out. The fact that they haven't addressed this before now and didn't suspend him doesn't bode well in their favour.

NameChange30 · 24/03/2018 15:31

“I'm getting a bit of a 'vibe' that I can't put my finger on from your posts.”

Me too. Hope we’re wrong!

Original poster
GoatyMcGoatface · 24/03/2018 15:32

Lovesagin I can't rule it out, because he does drink and I wasn't there on the day, but I've never known him drink on a work day before and I strongly feel he wouldn't take the risk of drink driving.

OP posts: