It is a standard clause in most Contracts of Employment that attendance under the influence of drink/drugs is Gross Misconduct regardless of the duties being performed.Pat Ostman wrote:What would drunk/drug driving at work come under?
Do bear in mind that in the cases above, hi-viz, helmets and keys, each and every employee, in my D.O at least, has received training and WTLL sessions which they have signed for/agreed to, stipulating that these are offences.Pat Ostman wrote:This is not really the same as not wearing a hi-viz which is a what a misconduct issue is for. (people have been sacked under 'health and safety' ar RM for not wearing a cycle helmet if you think this is bad).
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“There has been an unusual sequence of staff disciplinary hearings and dismissals. Staff have been sacked for seeming trivialities such as not wearing their helmets on cycle paths and leaving keys in vans in isolated areas for very short periods.
I doubt very much that driver/H&S training has taken place which stipulated the specific offence committed, and reasonably certain that the employee has been informed that failure to make timed collections or return by a specified deadline is not acceptable. Weighing up the two scenarios is a judgement call by the employee based on the information provided by their employer. Making an ill-judged decision under the conditions we have been presented with in this case suggests a lack of knowledge and/or decision making skills, both of which could be provided through re-training.
A written warning and re-training is the only responsible outcome of this case based on the information provided