help. Xmas do... suspected of doing DRUGS!!!!!!

ariarnia

How can I ensure that my company complies with legal obligations?

It is strongly recommended [not mandated] that a company should have a policy on substance abuse (drugs and alcohol abuse). This policy should have considered all aspects of the legal framework within which the company operates. The legal framework may cover both general health and safety legislation and other specific legislation (which largely relates to transport industry). The policy should clearly state what is acceptable behaviour and the outcomes for breach of the policy. This policy should be an agreed policy between the employer and employees/employee representatives. The policy should be documented and regularly reviewed. For futher advice on employment law visit:
ww.direct.gov.uk/en/Employment/Employees/index.htm
Some employers in safety critical and transport industries have adopted drug testing as part of their drug policy and to clearly demonstrate compliance with their legal obligation, but drug testing of the workforce is not a necessary part of any substance abuse policy. Healthcare organisations may refer to “drug policies” in relation to policies which govern the use of prescribed drugs that they provided to patients/clients.

What should I do if an employee has a substance abuse problem?

If an employee admits or seeks help from employers because of a problem:

• You should try to deal sympathetically with the individual.
• Ideally the individual should be provided with help and support to attempt rehabilitation. The link below has some available sources of help.
• The employee should be referred to a specialist or the company’s occupational health professionals (OHP).
• If the problem is not serious the employee can be referred to the self-help line given in the employees' section of this website. There are other websites for self-referral, which has been listed here:

www.homeoffice.gov.uk/drugs/drugs-law/Class-a-b-c/

www.dryoutnow.com

Should I dismiss employee with drug and alcohol problem?

This should be the last step to take and only if the policy clearly states that this will be the case after due appeal. Any disciplinary action should have been spelt out in the policy. Your company may be losing an experienced employee. Training new employees costs both money and time. Moreover it may cause your relationship with your workforce to deteriorate.

It is considered to be the best practice to be supportive towards your employee, trying to maintain their employment and at the same time trying to tackle the problem. For example, to refer your employee to a drugs clinic and to give him time off to see his own GP. It is also recommended that you provide proper supervision and counselling for the employee without threatening them with dismissal.

http://www.healthyworkmatters.org.uk/drugs_alcohol/drug_employer.htm

If you still wanted to know the requirements legally from your employers view. (if needed for a tribunal or similar)

As for the other, don't they have to prove sustained for it to be gross misconduct - ie. not just one occasion about a half hour in a bar with one person.

u264047

ariarna, thank you for the research and snippits you enclosed within.. doesn't look they plan on pursuing the drugs any more though.

As for the threatening behaviour, just don't understand how its possible to be threatening without making any actual threats... its ludicrous. If they reinterview people (they only said they were going to reinterview the managers, not the ones who gave statements in my defence) and target the question so that they do give all the 'correct' answers, is that fair???? surely not. it's like trying to place a bet on the national lottery 10 minutes after the results are drawn.

DirectDebacle, I really hope I don't have to appeal, just want to keep on there until I find something else.

Savvy_Sue

u264047 wrote: »

The manager conducting the disciplinary was great, even gave me a pat on the shoulder as I was escorted out the front door.

pinkshoes wrote: »

Are you going to be pursuing the inappropriate behaviour of the manager that started all this in the first place?

I'm not sure I'd consider a pat on the shoulder from a manager 'appropriate' behaviour in any situation, but maybe that's just me and the male managers I've had over the years!

ariarnia

Looking about on the internet, it seems that what you want to do is point out that this is the first time your behaviour has been pointed out as unacceptable - there is no record of previous incidents that have been reported and you have had no chance to change your behaviour - ergo not sustained, this is your first warning formal, informal, written or otherwise. You are genuinly surprised that people seem to have a problem with it, and you would gladly go on a training course regarding workplace behaviour and appologise if you behaviour offends/intimidates anyone. It also seems a good idea to get it down on paper that the specific instance of aggression referred to in the pub is part of a separate, ongoing grievance with (manager) and you would ask them to consider the substance of that as part of mitigating circs - ie ask them to postpone judgement on that until they've investigated his handling of the original accusation.

ariarnia

u264047 wrote: »

ariarna, thank you for the research and snippits you enclosed within.. doesn't look they plan on pursuing the drugs any more though.

no, but the crux of you're grievance against the manager is his handling (or mishandling) of the drug accusation. Knowing what they SHOULD have done is still important as they weren't doing it regardless of them deciding not to continue with it.

bristol_pilot

Just wanted to say...well done! :beer:

No further action on the drugs accusation is a big step forward.

firesidemaid

Sounds like they are peddling backwards very quickly, and deciding how you can all come out of this ok. OR they didn't expect you to put up a fight/good defence? OR they hoped you would and secretly they all hate THE horrid manager?! I really can't tell.

what does seem apparent is that they have decided that there is NO case to answer re. Drugs. therefore, WHY O WHY is the only part of the disciplinary they are pursuing a 'threatening behaviour' allegation over a totally unsubstantiated AND libellous drug-use claim from a MANAGER who should know better. meanwhile all the employees were drunk at the time and at a works do off the premises. SURELY, none of evidence should stand up as everyone was 'under the influence'.

Is it me or is this all totally PANTS?! I hate it when i just don't 'get' something.:(

OP, i hope you are feeling a tad better and that this will all go away very soon.....

BaldPlumber

Can I just add my support? These accusations and the disciplinary process are just absurd. Our country seems to be going rapidly downhill and we really need to stop being so anal about things and possibly look to the less developed world for some tips on common sense, compassion and realism.

robredz

On the evidence presented I cannot see why they are going back and still clinging to the threatening behaviour, unless they are now going to go after the manager by the back door, which in itself if they blunder on as they are doing with you could leave them wide open to a claim against them from him also imho. Glad they dropped the ludicrous drugs accusation, now. Now all we need is a little common sense and HR to call a halt. if they continue on they may well be digging themselves a bigger hole.

Zazen999

Interesting; in that you only exhibited this threatening behaviour after being accused of taking drugs; so they are intrinsically linked....so how they can ignore one side and try you on the other is amazing!