is coming to work drunk gross misconduct

This section relates to having a suspicion that your employee is drinking heavily rather than that they are drunk at work. decision to dismiss is within the range of reasonable responses of a reasonable You must carry out a thorough investigation. In terms of medical evidence, you may need to attend your employer's medical expert. Do this in writing. If you suspect that one of your employees may have problems with alcohol, refer to your drugs and alcohol policy, which should be tailored to your business and the style of work. DeBenedetti Majewski Szczesniak Kancelaria Prawnicza Sp. If the employer is aggrieved at conduct of the the employee, the employee still has a right to a fair investigation of the facts, and a fair and impartial disciplinary process and the sanction ie if it is dismissal, this decision must be proportionate to the conduct complained of. If the legislature had intended to exempt an employer from giving notice in such cases where the behaviour fell short of being able to fairly be called by the dirty word misconduct we have always felt that they would have said so by adding such words (after the word misconduct) as negligence, slovenly workmanship, bad timekeeping, etc. This list is also not exhaustive. Holiday pay and final salary payment arrangements. Examples of fair grounds are redundancy or qualification issues. Organisations should have a disciplinary procedure in place that ensures compliance with the ACAS Code of Practice on disciplinary matters. The Equality Act 2010 states that addiction to/dependency on alcohol, nicotine or any other substance (other than medically prescribed drugs or other medical treatment should not be considered a disability. In this case, you cannot continue to work without breaking the law and dismissal may be justified. By having somebody to take notes, you will be adding to your records of the process. When an employer has made the ultimate decision to terminate the employment of the employee, they should implement procedural fairness into the process prior to the termination. Is drinking on the job gross misconduct? However, at the same time, it is important to encourage the employee to seek support from their GP or an alcohol advice agency, and to facilitate time off where required to help their recovery. This behaviour is unprofessional and unethical, falling short of regular standards in the typical workplace. No, dismissal is the last and ultimate sanction an employer can choose. An employee attending work under the influence of alcohol can be a serious risk to themselves and others. Most claims for unfair dismissal are won because the employer failed to follow the correct procedures, rather than won because the employee had a more persuasive argument. It was a fair and reasonable decision given the circumstances of the matter. Did an impartial individual chair the hearing? Tricky issues: When is misconduct 'gross misconduct'? - Lexology However, heavy drinking can be a response to mental health issues or physical conditions and can in turn lead to serious health problems. Workplace Issues including Disciplinary and Grievance, https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg. Alcohol and drugs in the workplace - Pure Employment Law Disciplinary procedures explain the process the employer should follow in relation to alleged shortcomings of an employee. Gross misconduct is an act or behaviour sufficiently serious to lead to dismissal without notice or payment in lieu of notice (PILON). clearly and fairly without any innuendo or hidden inference or conclusion. If you require professional advice, please get in touch. If one was to transfer it to a court setting, the least the defendant would want to know is what is the detail of the charge against him/her is ie the when, the where, and who was there allegedly etc. We use Google Analytics to measure how you use the website so we can improve it. How to Spot and Handle Incidents of Employee Misconduct in the - Indeed If you refuse cookies we will remove all set cookies in our domain. Your next step should be to find facts. Good reasons to do so are if they could pose a risk to your business, if they could be a risk to themselves or others (for example, if they are very drunk and their job requires them to operate machinery), or if the person could influence any witnesses by staying in work. Make sure that you also have a written procedure, which all staff can access, for handling allegations. If there are any actions you can take to help them at work, agree what can be done. While gross misconduct can provide lawful grounds for summary (or instant) dismissal, employers should proceed with care and ensure they follow a fair process in deciding to dismiss an employee without notice or PILON. In the letter, you must give details of the offending behaviour. Did you consider other options than dismissal? At the Employment Tribunal, the judge found that Mr McElroys dismissal was unfair. Did you follow the policy set out in your staff handbook? Generally, the procedure allows for informal warnings, which lead to written warnings, and ultimately to dismissal. e.g. We look at some of the commonly asked . To Test or Not to Test An employer should not request or require an alcohol test unless there is "reasonable cause," Shea said. You can ask your employer for a written statement giving the reasons why you were dismissed. Your capability includes issues such as lateness, absenteeism, and persistent absence through illness or injury, either short-term or long-term. Do not deviate. If lateness or absenteeism is an issue, your employer should have proof of this allegation, such as: Your employer will need to show that you were made aware of the problem and that you were warned about the consequences. This in turn could decrease the overall productivity and output of your business, as well as affecting other members of your team and creating a negative atmosphere in the office. Is there anything that could justify or explain the behaviour? These may include: Viewing or downloading pornographic material. This may involve taking statements from witnesses as well as from the accused employee. We use cookies to collect information about how you use citizensinformation.ie. they have treated the employee fairly and without discrimination, they have proved the employees guilt to their own satisfaction, they have fully investigated the gross misconduct in accordance with their disciplinary and grievance procedures, and in keeping with related legislation and good practice, dismissal is a reasonable response to the act of gross misconduct, the employee was fully aware of what constituted gross misconduct and/or the employer had made this information easily available to the employee. An employee has a duty to assist in the promotion of health and safety in the workplace. If problems with your competence continue, your employer should give you a final warning, setting out the likelihood of dismissal. It is not malicious and has the opportunity for improvement. Kate LHR ConsultantKate is a Chartered MCIPD HR Consultant specialising in employee relations, reward and mental health in the workplace. Inspite of a discussion on the issue and a warning the office has noticed no improvement in your attendance. information on: Find a Citizens Information Centre in your area: If you are dismissed from your job, it is automatically presumed to be an unfair dismissal, unless your employer can prove there are fair grounds to justify it. Accordingly, in case of drinking at work, just cause can only be justified where the drinking at work causes grave concern. Serious misuse of an organisation's name or property. These are different to acts of misconduct, examples of which might include persistent . Tell Me More button below. Breach of Health and Safety regulations; Bullying, Harassment, Sexual harassment; Fraud; Theft; Sleeping at work; Physical assault; Consumption of drugs /alcohol; Breach of confidentiality; Inappropriate behaviour towards clients; Misuse of . If you found this article useful, please like and share using any of the social buttons below. Read more in the Workplace Relations Commission's Code of Practice: Grievance and Disciplinary Procedures. Gross Misconduct & Dismissal - Cleary & Co. Solicitors In some workplaces, drug and alcohol testing may be appropriate. Gross misconduct is an act or behaviour sufficiently serious to lead to dismissal without notice or payment in lieu of notice (PILON). Madden and KerrUnfair Dismissal Cases and Commentary(IBEC,1996)) That is not the case.There are steps which you must follow, before you dismiss someone for gross misconduct. Check to enable permanent hiding of message bar and refuse all cookies if you do not opt in. You are free to opt out any time or opt in for other cookies to get a better experience. it states: Section 8 of the Minimum Notice and Terms of Employment Act 1973 saves an employer from liability for minimum notice where the dismissal is for misconduct. Employers are often unsure about what to do if they know or suspect employees work is affected by alcohol or drugs, especially in organisations which do not have sophisticated policies or facilities for testing. If you suspend an employee without having obtained sufficient evidence, then you may be facing a claim for constructive dismissal, on the grounds of breach of the duty of trust and confidence which must exist in the context of employment. Employers must be clear on the facts before embarking on any serious sanctions against the employee. We hate spam and will not share your details. life threatening or minor damage? We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. is the employee truly sorry and willing to pay for items stolen from the business? Misconduct outside the workplace: five key employment cases You can find out more about the cookies we use in our An investigatory meeting took place and Mr McElroy denied coming to work drunk. You can find more detail on this in our Terms of Website Use.
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