EMPLOYERS readily recognise that alcohol and the workplace do not mix. Errors, accidents, low productivity and inappropriate behaviour are just some of the possible problems.
Dismissal may be the most appropriate response. In one recent case, however, the employment tribunal disagreed with the employer’s decision to summarily dismiss an employee who attended work smelling of alcohol; the employee said it was his aftershave.
EMPLOYERS readily recognise that alcohol and the workplace do not mix. Errors, accidents, low productivity and inappropriate behaviour are just some of the possible problems.
Dismissal may be the most appropriate response. In one recent case, however, the employment tribunal disagreed with the employer’s decision to summarily dismiss an employee who attended work smelling of alcohol; the employee said it was his aftershave. While there was clear evidence of the employee’s misconduct, and he had also repeatedly refused to attend an occupational health referral as part of the investigation, the tribunal found the dismissal to be unfair; the disciplinary process and the severity of the sanction let the employer down.
When dealing with disciplinary issues and particularly those involving alcohol, employers should be mindful of the following:
* Ensure employees know what is unacceptable in the workplace.
* Do not assume that it will always be a conduct matter; it may be medical and if so, medical guidance should be obtained.
* Dismissal may not be appropriate. In the instant case, no consideration was given to whether the employee had been unfit to carry out his duties. The tribunal concluded that no reasonable employer would have dismissed in the absence of such evidence; a warning may have been more appropriate.
* Keep the process under review; if new allegations arise ensure they are put to the employee. The failure to attend the occupational health appointment had not been put to the employee.
Given the level of scrutiny an employer’s decision to dismiss may come under from a tribunal, a well-thought out alcohol policy and procedure can ensure that individuals are dealt with fairly and consistently; and costly tribunal claims may be avoided.
If you would like advice on any of the issues raised in this article, contact FG Solicitors on 01604 871143, email or visit the website www.fgsolicitors.co.uk
