What on earth was someone doing going through your pockets anyway?
I don’t think they were. I think he said someone saw an empty vodka bottle in his pocket.
What on earth was someone doing going through your pockets anyway?
One of my clients is a fantastic employment lawyerThere is some good advice on here, you should definitely talk to your union. I would also suggest talking to an employment lawyer, it won’t cost you up front if your case is strong (and it sounds like it is, from what you’ve posted).
Why would someone keep an empty vodka bottle in his pocket though?I don’t think they were. I think he said someone saw an empty vodka bottle in his pocket.
That thought did occur.Why would someone keep an empty vodka bottle in his pocket though?
Some pretty good advice there - your contract of employment or staff handbook must have a disciplinary procedure laid out. The only reason for instant dismissal will be Gross Misconduct (which will probably include being under the influence of alcohol or drugs during work hours), but they would have to prove that you were drunk, and a negative alcohol test 4 weeks ago but no more up to date test doesn't give them a leg to stand on unless there are other facts that you haven't disclosed Kemps.For them to dismiss you any meeting you had would have to be part of an official disciplinary procedure (which must be a written procedure and must be fairly administered), under the ACAS code there is a statutory right to be accompanied to any disciplinary hearings. There are many more rules in the ACAS code that don't seem to have been followed (advance notice to prepare, a copy of any evidence or witness statements, etc). Once you contact the union they should tell you more
Maybe he picked it up off the floor in the company carpark to prevent one of his colleagues driving over it and damaging their cars and on his way to the bin, hepopped it into his pocket?Why would someone keep an empty vodka bottle in his pocket though?
Its a really fair point ..... was the alcohol test the first time. Were you informed that such tests would be taking place ad hoc and under what guidance and reasoning, was your union rep informed that they would be testing.Don't say or write anything without legal representation via your union. Don't attend any meetings or informal chats without also.
I disagree with some of the previous posters posts, although my company legal knowledge is 16 years out of date, as there are legitimate grounds for dismissal, an empty bottle can be good enough excuse, especially if they believe there can be a danger to yourself or others from drinking on the job - if it is a critical job, the bottle enough is evidence. The alcohol test 4 weeks prior implies that the management have been preparing something.
Hope you get a good outcome.
Someone coud have planted it? HTF do you know?Only if it’s true. “Tell a lie” is shocking advice.
If they can do alcohol tests 4 weeks prior how can they then say that the bottle alone is sufficient evidence?
Instant dismissal for an empty open alcohol containers!?Some jobs have instant dismissal policies regarding open alcohol containers on company premises. Pilots, oil rig workers (me) and high line electricians etc. So the legal advice regarding questioning company procedure and the encouragement to lie won't help.
He needs to speak to an employment lawyer and his union rep. As a previous poster pointed out, the goodwill from the forum is the best he can take from here.
That makes sense but Kempton didnt mention any test when he was dismissed.One of my brothers is contract electrician on big chemical sites and they get randomily tested for alcohol and drugs every day and sometimes mid shift too. They have to accept it.
Instant dismissal for an empty open alcohol containers!?
Any liquid can be put into an "alcohol container" and alcohol can be put into any container.
I dont think having an empty alcohol bottle at work would be grounds for instant dismissalIf having an alcohol bottle at work results in instant dismissal, it's unlikely you're going to fill a vodka bottle with orange juice to take to work.
I too have been in the eye of this storm and it’s really scary and unpleasant. You have my sympathies Kempton.
There is some good advice on here, you should definitely talk to your union. I would also suggest talking to an employment lawyer, it won’t cost you up front if your case is strong (and it sounds like it is, from what you’ve posted).
Don’t post the answer here - but I suspect the key question is “what were the reasons stated for doing an alcohol test four weeks ago”. If they can’t give a well reasoned answer to that, you’re in a massively strong position.