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

u264047

He's not at work today (snowed in)

Am sure he will be asked tomorrow... if not, he is the one attending the meeting with me as a witness.

duchy

Ignore the troll
Horrible situation -stay calm.
I'm wondering if a doctor's note confirming he's examined you and sees no signs of drug abuse would be useful-just a thought.

Emmzi

Do not rely on your witness alone. He may be pressured to say other than the truth and may comply in fear of his own job.

Write down your version of events while it is fresh in your mind.

Submit your grievance.

rach29

OP are you in a Union? If so you must get in touch with them immediately.

Wether you are or not, what does your letter of suspension say specifically? What are the allegations made against you precisely? You need to think carefully to see if you can find anyone other than your witness who would stand up and be counted & admit what the Manager said about you at the party.

You are innocent, keep that in mind throughout this process.

I would, in your position, be inclined to put in a grievance against this Manager for bullying, which is surely what this is. Have you had any dealings with him before? Might there be a reason why he has "taken against" you?

Try to remain calm & act reasonably during the investigation period. You have a perfect right to be angry, just don't let it show.

This is how the situation looks from the outside. At a works do a Manager accuses a member of staff of being a drug user because he heard him sniffing in a toilet. Said Manager was aggressive in his manner of accusation & told other members of staff his suspicions (even though he had no evidence) Said Manager then reports this allegation to HR/Management who suspend the staff member in order to conduct an investigation.

Your Company are acting in an entirely correct manner (so far) assuming that you have a letter confirming the reasons behind your suspension and that you have been adequate time to prepare for the meeting on Wednesday. You have done nothing wrong & should now be offered every opportunity to prove this. Your suspension does not in any way suppose guilt on your part, and there is nothing to stop you making a counter grievance claim of bullying against this Manager. Please do it.

I wish you luck on Wednesday & will subscribe to this thread to follow your progress

bristol_pilot

The burden of proof for employment law is balance of probability and the burden of proof for libel is on the defendant to prove justification and being 'mistaken' is not a defence. That's why I'd sue the b'stard.

http://www.carter-ruck.com/Media%20Law/Questions_And_Answers.asp

@Anihilator - if someone with a cold is heard sniffing any reasonable person would think on the balance of probability that the sniffing is due to the cold, not taking drugs! This is what the hearing on Wednesday is likely to conclude. Why did the sales manager not call the police? Becasue he knew very well that there were no drugs, I would suggest.

OP, I agree with others that you should concentrate on the hearing on Wednesday for now. The Company is behaving correctly so far. Whatever happens on Wednesday, I would file a counter grievence for bullying and sue the sales guy for libel (not the Company, they have done nothing wrong). No-win-no-fee is available for such cases.

u264047

rach29, Thank you for your post. It was heartwarming to read.

In response to your questions,

1) No, i'm not in a union (I would have been, had I known this kind of pr!ckery went on)

2) My letter of suspension states that I am supended on full pay in relation to
i) Use of drug substances
ii)Sustained threatening behavior(sic) and verbal abuse towards XXXXX, UK Sales Manager.

It reminds me that I may not contact any other colleagues or attempt to access site. It reminds me that this is not a disciplinary action but a precautionary measure to allow sufficient invenstigation. Finally, it states date and time of meeting and makes me aware that these are Gross Misconduct allegations.

3) My problem is in regards to witnesses, is that this was a very early hour, most people had gone home, and by my count I was one of six still there, 3 of these were on the dance floor, one was 'within earshot' (my witness, even though he admits to being wrecked) and guess which two that leaves!

My wife is in floods of tears over this and feels like going to see them herself! She is a Chinese National, and we save all our money and my holiday days so we can go to China every year so she can visit her family. She scrutinizes our bank account (as eastern people do!!) and asks about everything she doesn't know about.
Add to that i'm not a going out person (can't afford for reasons stated above) So i'm not one of these types to go on weekend benders...
I'm totally not a drug addict type (i also go to the Gym every morning before work!) but to someone like him who doesn't know me very well, I guess i must have the 'je ne sais quoi' of a crackhead...albeit a well built one... I hope Anihilator regroups his thoughts about me seeing as i've taken the time to explain the above.

Thank you for taking an interest...welcome to my personal hell!

poet123

You are a cynic, My OH is an MD and he set off for work this morning (60 mile round trip) and an hour later was back, having witnessed the aftermath of a fatal accident and a dozen abandoned cars en route. The roads were like an ice rink, as it appeared no gritters had been out. So, it is perfectly possible for someone not to be able to reach their place of work today and not be a waster or the office !!!! taker.

Triker

Ok, so the worst scenario has happened but there are some positives.

You are suspended on full pay, at least you are not out of pocket.

You are aware of all of the allegations and can now gather your evidence to support your defence.

You have already set the ball rolling by seeking legal advice.

You have a few of us here willing to 'listen' and support you whilst you're in this terrible situation.

Ok so as I originally said, try to keep calm, difficult I know when the subject of such crass innuendo, and stick to the plan.

Good luck for wednesday, sometimes these sorts of issues take time to resolve, but at least you are on full pay which is at least helpful to you at the mo.

Do you have any emails from management or customers that praise your performance, anything that can strengthen your defence that you are an apt, capable and productive employee?

Also please consider joining a Union, GMB are good, they also may be able to advise and good luck.

nuttyp

Im so glad i always decline our works party. I personally feel sorry for the OP, what an !!! of a company to work for. I would definatly send in a counter grevience letter stating slander and verbal abuse by so called manager. Contact a nowin no fee company and get them on to it today. Why wait, if he gets a letter by wednesday maybe he will suddenlry remember what a drunken idot he was being by suggesting that you were abusive and a druggy.
If sniffing means your a druggy OMG my 14 yr old daughters one, and there i was thinking it was a cold, how nieve of me.

Get that letter wrote nad get on the phone and start the process, i doubt the company will appreciate an employment tribuneral hearing about this either. The press will love to cover it tho, and that would ruin their image of a caring company.

GOOD LUCK

u264047

Anihilator, everybody still there at that time had had a LOT to drink.

Did I mention the previous free bar?

What happened was; after running into these few still out... after they left the first bar in protest of my drug use (me and my friend went to another bar before this- ran into them again accidentally) Anyway, in my liquored up state, something told me this may be a good opportunity to clear my name with him... I started slow by explaining my circumstances at home etc, why I wouldn't do such a thing, after everything I said, he stared at me, with his rodent-esque eyes and said "I don't believe you" & "admit you have a drug problem and i'll stand by you on Monday" basically trying to bully me into confessing to a drug addiction I don't have.

I was getting tired of trying to explain... apparently swearing on your mothers life is an excuse a drug addict would give.... I could go on and on... I did not threated him, although my language left a lot to be desired... another manager came up during my chat with him and told me that I was being aggressive because I was high on drugs- in the most condescending tone imaginable, I immediately told him to "f*** off" and he did.

I think, given that i'd had a skinful of beer and being faced with the kind of life changing threats he was making,that under the circumstances, he was lucky to not be walking away with a broken jaw.

But no, I did not threaten him, even after that much beer even I realise this would have seriously compromised my position. Looks like it did anyway...