Dismissed for 'gross misconduct'

Dm0203

Ok so this is a complicated one.

I was a manager of a pub for a big company. I went out for a few drinks after work with a member of staff (also a good friend). I was on an early shift the next day (7.00am). On the night in question this member of staff lost something important to her and as a result we had an argument. I began drinking at 5pm and had stopped drinking around 11.30pm (total of 6 pints and 2 shots consumed) and left around midnight to go home as I couldn't be bothered with the hassle and was aware I was on an early the next day. About an hour later as I was on the bus home I got a phonecall from her saying that I'd punched her in the face and she was going to get me done for assault. I was very confused at this point as I knew I hadn't done anything and asked her what she was on about.
Turns out she ended up with a black eye, so I got off the bus to go and see her to make sure she was ok (I felt I had a duty of care to her both as a friend and as a manager). I got back to her around 2am. Right enough she had a black eye. So we talked it over and agreed that she didn't know how she'd received the black eye and she realised it wasn't me that had done it.
We then checked into a hotel at 3am (by this point would have taken too long to get home). I had around 2-3 hours sleep, got up and then went to work with a hangover. I arrived 23 minutes late however I carried out all of the duties required of me, another manager was in an hour later and did not question my capability nor the quality of my work that morning. I worked my full shift and gave 110% as I always do and no one even questioned my ability to work that shift not was I sent home.
A few days later I was called into the office and told an investigation into an alleged assault on the member of staff was under way. One of the questions was 'do you feel you were sober' and I apparently answered no. I was under pressure and just wanted to leave the office. I know I wasn't drunk on site. I was then suspended at the end of the meeting and told more investigating was required.
I was then informed it was going to a disciplinary. The result of the disciplinary lead to my dismissal. The allegation of assault was thrown out as it was my word against hers and there was no evidence but was sacked for 'rendering myself unfit for duties through the consumption of alcohol the night before an early shift and turning up late' which lead to 'a complete breach in trust and confidence as I intentionally went out drinking the night before and did not allow myself enough time to recover'. I've worked there for 8 months and it's my first offence. It wasn't an intentional act as I was on my way home but due to the allegation of assault and my good-nature the events were unfortunate and led to me being late and not having enough rest etc etc.
I have appealed the decision and was just wondering what you guys think the outcome may be and if this was a sackable offence or that the decision was too harsh? Might I add that the day before my dismissal an ad for a management position in my area managers area had been advertised but didn't specify my pub - suspicious? If the appeal isn't overturned I have nowhere to stand in terms of tribunals and I feel that I have been completely wronged as I didn't commit the assault in the first place, how can try deem me to be unfit for duties if I carried out all my duties and no one sent me home or questioned my capability on the day? Might I add I'm aware of another manager who was TWO HOURS late due to consumption of alcohol the night before and opened the pub late, but only received a first and final written warning.
Thanks for the help in advance guys!

Denning.

You admitted to being drunk at work, that is GMC. Being drunk at work opens the employer up to huge liabilities, both financially and legally.

The other manager case would only be relevant if they were drunk and turned up 2 hours late, as in that's official record, not what you think. Otherwise turning up late is rarely GMC.

If you are drunk you should never report for work, fullstop.

Funky_Bold_Ribena

You were there 8 months so they didn't have to sack you for gross misconduct; you just gave them ample opportunity to have a good excuse to do so.

I'd have sacked you too.

Dm0203

I know that I admitted that (although I am certain the question in the investigation was do you feel you were fit for duties) as mentioned I felt pressured and just wanted to leave the room.
If I hadn't turned up for work the pub wouldn't have been open and the business would have lost 20k+ in sales. And lets think about it mathematically - 6 pints and 2 shots - amounts to 14 units of alcohol, begin drinking at 5pm, I'm a big guy and I'd eaten 4 meals that day, 14 hours later there would not have been any units of alcohol in my system. The whole thing is ridiculous, if I was that unfit for duties why wasn't I sent home on the day in question.

Dm0203

The only reason the whole thing got brought up was because I was wrongly accused of assault. And as I stated the maths state that your body breaks down 1 unit of alcohol per hour on average, so by 7.30am I would not have had any units of alcohol in my system, so although admitting to being drunk, the maths says I wasn't.

Podge52

Dm0203 wrote: »

I know that I admitted that (although I am certain the question in the investigation was do you feel you were fit for duties) as mentioned I felt pressured and just wanted to leave the room.
If I hadn't turned up for work the pub wouldn't have been open and the business would have lost 20k+ in sales. And lets think about it mathematically - 6 pints and 2 shots - amounts to 14 units of alcohol, begin drinking at 5pm, I'm a big guy and I'd eaten 4 meals that day, 14 hours later there would not have been any units of alcohol in my system. The whole thing is ridiculous, if I was that unfit for duties why wasn't I sent home on the day in question.

Whether or not you were drunk is irrelevant, they asked were you sober and you said no.

Dm0203

Podge52 wrote: »

Whether or not you were drunk is irrelevant, they asked were you sober and you said no.

Yeh I understand that, however I am certain that's not what the question was. I wasn't given any notice of the investigation taking place and as stated I felt under pressure so when I re-read the notes I wasn't concentrating properly - I was just shocked that this had happened and just wanted to leave the room.

Do you think there is any chance that the appeal may be overturned? As I said the maths states that I would not have been drunk despite what I said.

Bantex_2

Managers should never be friends with their staff either.

Phil_68

Your version of events has nothing to support your feelings of being wronged.

Lets take it one piece at a time.
The assault was not part of your dismissal so you can leave that out of the equation.

You turned up late for work and possibly in a drunken state, when asked you admitted that you felt you were drunk or you were not fit for duty. It does not matter that you felt you just wanted to get out of there, it was your chance to give the right answers to the questions.

Not opening up and losing the company 20k is not your reason for dismissal so that should be left out too.

Saying you were not sent home is not a reason for saying you were fit for work either, It's a bit like a bus driver turning up drunk but not crashing his bus, he did the job but was not fit for doing so.

Advertising a position does not mean they were looking to get you out, it means they were advertising a position.

The only option you have is to query why they dismissed you for being unfit for work. If it was because you gave them that as a statement then you only have yourself to blame. If you told them what you have posted on here then you were foolish even if you thought the truth would benefit you.

You have dug yourself a hole and acted in a way not fitting to your role and responsibility, you have little chance of overturning the decision at appeal.

Learn from it, move on.

Phil.

Dm0203

Phil 68 - Your words are most useful! I suppose I didn't look at it like that. I'm still going to go ahead with the appeal as I have nothing to lose I suppose.
Bantex - We were friends prior to me being her manager.

Takeaway_Addict

Exactly, nothing to lose by the appeal but be prepared and make sure you have LOTS of positives you have brought to the company so you can show them that you are worthy of a second chance