Can my husband be fired for having a few drinks day before work?

[Loobieloo27]

My husband has only been working for 6 weeks for a company that provides home delivery. Last week he attended a funeral on the Friday. He had 4 pints between 12 and 5.30 and then stopped. He had work at 10am the next day.

He went to work they asked him if he drank at the wake he said, yes but stopped at 5.30. They proceeded to send him home and have said his job is now at risk.

Ho is this right? He wouldn't of been over the limit but they've said he's a liability on the road?

Thanks for advice.

The rule was due to health and safety as the job involved driving onsite vehicles and fork lift trucks.

Dh's company has a specified limit time on when they must stop drinking, does your partner's company have similar?

Did he take a days holiday to attend the funeral, or was he technically working but they let him take the time off for the funeral?

Sort just seen you said not clear on policies. Well if they haven't told him then...can't see how they can ask that unless he noticbly was intoxicated still or smelt of booze.

I think he needs to read his contract of employment, they can’t dictate what he does on his days off

No, but they can, in some circumstances, dismiss people for things they do when they are not working even if they've been there for 2 years. For example, as OP's husband is a driver, if there was evidence that he drove whilst under the influence of drink or drugs on his day off that could justify dismissal.

*sorry

Are you in Scotland, most people I know there don't drink the night before they plan to drive anymore.

He’s only worked there 6 weeks so yes they can fire him for this easily.

Longer than two years and it would depend on policies/contracts etc. But at this stage those don’t matter.

Odd that they asked the question if he wasn’t showing any signs though, are you sure that’s the case?

@Loobieloo27

The two year thing is not so straightforward.

Two years counts for "unfair dismissal" there is no limit for "wrongful dismissal"...

If they dismiss without evidence [and that in my view would be a breath or blood test] I would feel "wrongful". I'm almost certain I know the answere but is he union member? If the worst comes seek advice

In some industries, there are rules of no alcohol within x hours of starting your shift. Some are legally binding and are actual 'laws'.

*"
"Two years counts for "unfair dismissal" there is no limit for "wrongful dismissal"...

If they dismiss without evidence [and that in my view would be a breath or blood test] I would feel "wrongful"."

On what basis do you think that would be wrongful dismissal?!! Which element of the individual's contract do you feel the employer has breached?

If they dismiss without evidence [and that in my view would be a breath or blood test] I would feel "wrongful"

Wrongful dismissal means the dismissal breaches the employment contract by, for example, failing to give the employee the required notice. Dismissing without evidence may be unfair but it is not legally a wrongful dismissal unless there is a specific term in the contract limiting the employer's ability to dismiss.

My DH drives for a living. In his work, if you look or smell like you've been drinking, you get sent home straight away.

It is about protecting their drivers, the general public and most of all themselves. They have an obligation to stop someone who they have recognised as being unfit to drive.

DH does not drink on a night before work. It's just not worth the risk.

Presumably he smelt of alcohol?

If in any doubt you wouldn't allow him to drive.

They need further evidence to confirm that he was unfit for work but you certainly wouldn't let him drive.

8 units is binge drinking and i wouldn’t be able to drive the next day after that

You would, if you waited more than 8 hours. It takes an hour for a unit of alcohol to be broken down.

This is difficult. Medical professionals are not meant to drink in the 24hours before a shift where I am. I guess this also applies to drivers. If this is so it should surely be specified to him.

I use to work in rail industry and it was no alcohol or drugs 24 hours before shift.

You’ll need to say what contract says.

Employment lawyer here. Can’t advise unless we know what is in his employment contract and all associated policies and what training has been given, information given during his induction etc about consumption of alcohol.

I can’t help thinking he must have smelt of alcohol for them to have brought it up the following morning.

He should have said no.

No way he'd have been over the limit that long after.

Why didn't they breathalyse him? Dpd do it and I'm assuming most parcel carriers do spot checks. If he looked a bit worse for wear this is what they would have done. Are you sure he's telling you the truth?

Thanks for all advice. I will check contracts and policies when I'm home. From my point of view he didn't smell of alcohol, he'd showered etc but they must of.

They've now said he can't drive at all, he's not a regular drinker so this feels a bit drastic and if they'd breathalysed him for proof of whatever they thought so we could at least prove he didn't have any alcohol in his system but now we can't prove anything after the fact.