@Kempton Genuinely sorry to hear what you're going through. Some very good advice from others on here Look at some of the sage advice you have given others on the mental health thread, as well as recognising what you've come through in the past and at the time you didn't think you would, but did
Only just seen this Kemps, so sorry to read your thread & devastating news. Despite some of the “ifs & buts” comments on here, lets not forget this is a human being, who is no doubt currently feeling angry, lost, bewildered, shell shocked, emotionally charged, all of the above. Take care of yourself Kemps, talk with your family, reach out, don’t suffer in silence. You’ve been a source of support for others in the past on here, I’d like to think non judgemental support would be reciprocated.
I was thinking this exact same thing after reading everything, they cannot just target one person, if it goes to a tribunal then you'll be able to aske to see the records/ proof of who and when anyone else was tested. Even if you was sacked for Gross Misconduct then you would still need to be suspended first, so they can gather the information, statements etc. before coming to the final outcome
They could target one person if there had been previous instances around alcohol & work with that individual or they had suspicion around them drinking/drunk at work which would bring health& safety into play. I'm in no way shape or form saying that's the instance here, just pointing out that they can/could be reasons that would stand up
That is true, but they would still need to demonstrate that they had followed every aspect of the appropriate procedures.
That is true It's strange that they appear to have tested Kempton with no reason and then when they may have a reason they didnt test him and just dismissed him.
I think the reason for the dismissal, and any previous issues, are a matter for Kempton. I think the general advice around making sure the Union are involved, and he has copies of work policies etc to review to see if they have followed the procedures are important, but are enough for now. Speculation on background isn’t helpful IMHO. @Kempton Whatever happens, or whatever you’re going through right now, know that they’re a lot of people wishing you all the best. I know some have PM’d offers of help. Use the offers if you want, but don’t feel obliged to if you’re getting the right support elsewhere. Most importantly though. Try and find space to look after yourself physically and emotionally too. Take care.
I didn't mean to keep it there mate. I a quarter bottle on the previous night and in trying to hide it from the missus, just left it there and forgot about it, it's as simple as that.
It's none of your Company's business then.Did you offer up this explanation in mitigation? I had some serious trouble with an employer 7 or 8 years ago so I'm speaking here as someone who has taken a Company to a tribunal and won. I too was pulled in as a result of some 'snitch' going to a general manager and making allegations against myself and 4 other individuals(some of the allegations were true).I was suspended on full pay for 5 weeks pending investigation and eventually found guilty by the disciplining Manager with no other evidence than the statement the anonymous witness gave,he found me guilty on the balance of probability due to several others crumbling( no other evidence was offered against me in witness statements from 28 fellow employees). My sanctions were outwith the remit of the Company's procedures(and the ACAS code of practice) but they went ahead and gave me them(they effectively changed their sanctions to punish me severely)Believe it or not,they could do that because the disciplinary procedure was non-contractual(most are nowadays),subject to change,and provided them some wiggle room.I'm talking a 24 month final written warning,loss of bonus for 24 months,loss of product allowance for a period of 24 months and they also decided to make the suspension non-paid(I ended up with no pay for the period I was suspended despite the fact I had 3 signed letters confirming it was paid suspension). I wasn't in the union as the convenor had sold his soul to the Company,and I(and others) had resigned from the GMB some time previously.I represented myself in the workplace,never took a witness in with me and relied on the minutes of every meeting(if the minutes were wrong I refused to sign them).I appealed in writing(don't even consider not appealing,the judge will question why you didn't),the appeal manager upheld his colleagues decision.I considered his actions and subsequently resigned and started proceedings to take the Company to court for unlawful deduction of wages and breach of contract based on lack of trust(who would trust a Company who can shift the goalposts to suit their agenda?). They had trained Lawyers at the end of the phone at the push of a button,I had a mate who dabbled in Employment rights. I turned up some 6 months later to a 4 day trial in the Eagle Building Glasgow with a Tesco carrier bag containing 285 pages of documents and correspondence,my mate turned up as a tribunal representative on a Yamaha Motorbike.They had a Lawyer,H.R,Managers and a top notch well known Scottish Advocate(a specialist in Employment Law,she was on £3k a day). I absolutely wiped the floor with them and the judge had no problem in awarding me £17,000(Your claim would be far more substantial due to your time in their employment).As an added kick in the groin to my ex-employers,I contacted a friend of mine who just be happens to be a journalist for a well known Scottish paper.... And she agreed to run a half page spread. There's a moral to this rather long winded post...Don't let the bastards get one over you!!! If your employment has been terminated due to the fact you had an empty vodka bottle in your coat pocket,get your head out of your backside and fight like ****. You also need to deal with your drinking issues,I'm not being a smart arsed **** here,I'm telling you as someone who has had issues with the bevvy in years gone by and had to take them by the scruff of the neck. If you want to P.M me,feel free,I can offer some advice on how to deal with your employers and how YOU go about making their lives a misery...
I just want to thank everybody for the amazing support I've been given on this. With your help I might get something out of this mess. Oh and Chazz sez he'll buy drinks for all of us all night long
Good luck Kempton. All sounds very unfair. Ric’s story shows you can fight back so take up his offer of advice. Be very careful what you say to your employers - don’t give them any other ammunition. Stick to your story (literally like a broken record - it’s the best technique) and appeal.
This is quite a useful link - showing how employers can mishandle these situations https://yoursafetypal.com/drug-alcohol-dismissal-can-costly/
Life has a habit of throwing challenges at us Kemps in all sorts of ways, it's how to deal with them, and potentially become better afterwards, that is the opportunity ahead. Whilst in the eye of the storm with what has happened to you just earlier this week, and thinking maybe otherwise, better days will be ahead, and as many have said, lots of scope to navigate a way forward, get a positive outcome, and come out the other side. All the best!
