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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:
Lobsterquadrille2 · 24/03/2018 18:56

Goaty, apologies if I missed your reply but I know that PPs suggested obtaining a copy of the company's drug and alcohol policy. I'd say this is essential. Your DH needs to arm himself with as much ammunition as possible, not to fire at them but to be able to disarm them in a calm and controlled manner. Some organisations actually treat alcoholism as a disability (I appreciate that many people in MN would be outraged at that and I, a recovering alcoholic, don't agree with it either) and have to tread very carefully if that's genuinely what they suspect - and of course I'm not suggesting that your DH is an alcoholic; just that if there's a hint that's what the company are alleging, they need to be careful.

My prediction would be that (dependent on the size of the company) your DH will be given the printed investigation, containing the statements gathered since the date of the alleged drinking at work, and given time for his response. During that time he has the option to appeal - or to resign. That's a gamble I have heard of a few times.

I could of course be wrong. It still all sounds most odd.

Original poster
GoatyMcGoatface · 24/03/2018 19:10

We've put together a reply asking for copies of statements and for the company's relevant policies in advance of the meeting. He'll have his original staff handbook somewhere but I thought asking would show that he is addressing this seriously.

Where I work, alcoholism would definitely be addressed from a wellbeing perspective - we have a detailed substance abuse policy with an emphasis on supporting the employee, but I work for a large multinational company whereas DH's is a small, local firm. The letter just states he appeared to be 'under the influence' on that particular date, they didn't suggest it was something they'd observed before, so I'm not sure whether they are trying to suggest he has a drinking 'problem' - hopefully the statements will clarify what they're actually aiming at.

Disarming them in a controlled and calm way sounds ideal, thank you for putting it so clearly, and I will try to 'coach' DH in this approach - I can foresee him getting flustered and emotional, though - as I probably would in his shoes, to be honest.

OP posts:
Original poster
GoatyMcGoatface · 24/03/2018 19:20

And thank you so much for your support, Lobster - it has really helped to calm me down Flowers.

OP posts:
Lobsterquadrille2 · 24/03/2018 19:34

You're most welcome Goaty - I'm afraid that I've advised quite a few people in a similar situation (although definitely not the same because of the time lapse here) who were without doubt guilty. I would say worst outcome would be your DH resigning. And that really is the worst, and there wouldn't be a blemish on his work record.

If he is being truthful then they have nothing on him and he just needs to be calm and consistent with his answers.

Please do update when he's had his meeting, and good luck to both of you.

Original poster
GoatyMcGoatface · 24/03/2018 19:40

Thank you Smile. I will update the thread after the meeting. DH is going to update his CV tonight and start job hunting. I'll just try not to think about it too much in the meantime.

OP posts:
exWifebeginsat40 · 27/03/2018 14:13

wondering how things are, OP?

Original poster
GoatyMcGoatface · 28/03/2018 21:45

Update for @exWifebeginsat40 and others who have offered advice.

The hearing takes place tomorrow lunchtime. We managed to get a copy of the witness statement - to say this was quite vague would be an understatement. I spoke to my union helpline and they advised to be factual about the events of the day and to check the H&S policy in relation to incapacitation incidents and look at whether employer had followed this (they hadn't).

Their witness statement referenced (as evidence) DH 'taking a painkiller' at the start of his shift- this was actually prescription mbeverine for his IBS. Other than that it said the other person thought he was drunk because of 'how he was acting' (sic).

We've put together a statement outlining the events of the day (so far as we can remember looking at our respective phones); explaining about the mbeverine & enclosing copy of prescription; and questioning why he wasn't sent home or stopped from driving. DH found his staff handbook and we located the part that referenced the process for a staff member being incapacitated/UTI and quoted this in his statement (health and safety/duty of care obligations) and emphasised that nothing was done at the time - policy quite clearly states staff member should be sent home.

I've printed off the statement and DH will read this at his meeting tomorrow - I've said he shouldn't accept anything they say retrospectively and should only respond to the points included in their statement.

Thank you again to everyone who has offered input - this was very useful when we were compiling the statement. I will update after the hearing tomorrow.

OP posts:
Lobsterquadrille2 · 28/03/2018 21:49

Thank you for the update, Goaty - I was wondering when the meeting would be. You sound much calmer than last week and very together indeed. That's great and I'm sure a huge help for your DH. Sounds as if they are on very flimsy ground, especially having not adhered to prescribed procedures if they really did think he'd been drinking (which sounds less and less likely).

Wishing you both all the very best for tomorrow.

AnnieAnoniMouser · 28/03/2018 22:02

I hope it goes ok tomorrow.

It’s such a nasty thing to do, you have to wonder how some people’s minds work.

...then be glad you’re not them.

Original poster
GoatyMcGoatface · 28/03/2018 22:03

Thank you @Lobsterquadrille2. DH is feeling reasonably confident about the meeting now - the allegations really shook him up - so here's hoping he can maintain confidence and professionalism. We've worded his statement very factually; fortunately in my job I'm quite used to writing reports in an impersonal tone, so hopefully he will be taken seriously.

In the meantime, he's started looking for other jobs; sadly I think whatever happens, he won't really feel comfortable in this job again. Your good wishes are much appreciated by us both Smile.

OP posts:
Original poster
GoatyMcGoatface · 28/03/2018 22:04

Thank you @AnnieAnoniMouser

OP posts:
Drum71 · 29/03/2018 07:33

Good luck today you sound prepared.

prampushingdownthehighst · 29/03/2018 08:35

Just caught up with this thread..good luck for today.

Karmin · 29/03/2018 14:08

Good luck for today

NameChange30 · 29/03/2018 19:03

How did it go today?

blueskyinmarch · 29/03/2018 19:14

How did the meeting go?

Original poster
GoatyMcGoatface · 29/03/2018 21:11

DH feels the meeting went quite well. He read his statement out - they asked a couple of questions but nothing he wasn't expecting. No opinion was offered by his manager - he's taken a copy of the statement. It will be reviewed by 'Head Office' and his manager said he should receive a written adjudication in 7 - 10 days (normally would be 7 days but the bank holiday will delay things). In the meantime, he's been told to carry on as normal.

He has started job hunting - he's signed up to some job alerts services and there are a couple of leads so far. He feels really uncomfortable there now, understandably. He's looking forward to the long Easter weekend - we're planning a couple of day trips to take his mind off things.

Thank you once more for your advice and good wishes. I will update again as soon as there is any news.

OP posts:
Lobsterquadrille2 · 29/03/2018 21:27

Hi Goaty and thank you for updating us. Good that it's out of the way prior to the Easter weekend - there's nothing more that your DH can do now but wait for the result. And really good that he was as happy as he could be about how it went.

Totally don't blame him for looking around at jobs and job alerts are definitely the way to go - I find Indeed to cover most job sites. From everything you've said, as an impartial observer it seems most unlikely that they could hang anything on him that would stick, other than a very unpleasant taste from what must still be a horrible experience.

Hope that you can both relax to some degree and enjoy the bank holidays.

Original poster
GoatyMcGoatface · 06/04/2018 10:58

Good news - DH has just phoned me from work - he's been given a copy of the outcome letter and the allegation has not been upheld. He says the outcome letter is very short and simply states there is insufficient evidence and it's been dismissed. Nothing else was said to him, other than he'll get a copy of the meeting minutes in the post.

Huge relief for us. Nonetheless DH is now looking at other jobs, as this has left a very bitter taste in his mouth - he's submitted a couple of online applications so we'll see where they go.

Thank you to everyone who offered advice and good luck, especially @Lobsterquadrille2 Flowers.

OP posts:
blueskyinmarch · 06/04/2018 11:06

That is fantastic news Goaty. What a relief. Not surprised he is looking for a new job though. I would in those circumstances. Enjoy your weekend!

AdoraBell · 06/04/2018 11:09

Glad they have not upheld the allegations, not that I could see a reason for them to do so.

Good luck with the job search.

Lobsterquadrille2 · 06/04/2018 11:10

Ah Goaty thank you for tagging me in your update as I have wondered how it's been going. That is great news for you and DH and I am so pleased for you both!! It was clear all along that they had no evidence - it's horrid for you both that you even had to doubt his story (as absolutely anybody would have done in that kind of situation, obviously). I wondered whether someone in his company had a grudge against him for whatever reason? Not even worth wasting any more time on it now though.

Anyway, the important points are that he has an unblemished work record plus that he has time now to stay in this job until he finds something he prefers. I think I said upthread somewhere that the worst case scenario would be his resignation, but thankfully that wasn't required.

You must both be so relieved. Thanks

LoveProsecco · 06/04/2018 12:45

That's great!

daisychain01 · 06/04/2018 16:08

A big phew! Glad all the uncertainty is over for you and DH and all the best for his job search x

redexpat · 06/04/2018 16:46

That's good news.