Dismissed for sharing a prescription

JournalGirl

I read it as two colleagues. OP asks colleague 2 for a lift to work because she's concerned that she's unfit to drive due to taking Oromorph from Colleague 1. Colleague 2 gives her a lift as requested, but then raises concern to Management that OP is unfit due to taking prescription drugs belonging to Colleague 1

Undervalued

As I said earlier, this employer seems to have taken a very firm line. I suspect the majority wouldn't have dismissed both employees if the circumstances are exactly as the OP has outlined.

It could be that, for some reason we don't know, they were looking for an excuse. If so then it certainly demonstrates how important it is to be "squeaky clean"!

Also, we don't know in what industry the OP works. That might help to explain why they were so hot on this particular issue.

If the OP could get her doctor to write and say that she was regularly prescribed this drug (and that he would have written her up for it had she asked) it might help. However even that would only be mitigation.

The hard inescapable fact is that she was not prescribed it at that time and it was illegal for her colleague to give it to her.

prowla

It seems to me that the employer has way over-reacted.
But some can do that; you only need one jobsworth in the chain and things get escalated.
I would suggest looking at the employment contract and seeing precisely what it says in relation to such a circumstance.

Another_not_new_user

Undervalued is correct. The thread has been diverted into a debate about controlled drugs and whether the OP has taken certain prescribed drugs in the past, neither of which are relevant. It would be helpful if the OP could explain the stated reason for dismissal here, rather than just telling the story, because whilst I agree the outcome is harsh, I also believe it may well fall into "the range of decisions which a reasonable employer might consider" - in other words, harsh or not, a fair dismissal. Both the supplier and the receiver have been dismissed for the offence, which demonstrates a balanced approach by the employer - both parties have received the same outcome.


I am also somewhat perplexed by some aspects of the story. Why did you take a whole bottle of the medication from your colleague, especially as you say that you had an appointment with the GP just two hours later? If you had a valid prescription for the medication two hours later, which you could have filled yourself, what was the need for a bottle of it; and why would you have even mentioned that you were taking unprescribed medications when you had, in fact, seen the doctor and he had prescribed them, albeit not the ones you were taking? And there is a vast difference between giving a friend a couple of pills (which should not happen anyway, but we all know it does) and giving them a whole bottle "to save them money" which you state as being the reason your colleague provided a whole bottle.


You also need to give up on the "I did nothing wrong" line of defence. I am sorry but you did do something wrong, as did your colleague. Whether what you did wrong warranted dismissal is another issue, but your friend giving you a whole sealed pot of a prescribed medication, and you accepting it and taking it was wrong.


Whilst this is not particularly relevant to the dismissal, if you are spending £100's on prescriptions, why do you not have a prepayment certificate which caps NHS prescription charges at a little more than £100 per year.

stevemLS

It may be relevant to know what sector the OP works in.

As others have said, the reason given for the dismissal is critical.

DUTR

stevemLS wrote: »

It may be relevant to know what sector the OP works in.

As others have said, the reason given for the dismissal is critical.

It is rather concerning, I have never heard of oramorph until this thread however the morph in the description says it all, but then to have a colleague that also just happeed to have some on their possesion :eek:
It's different to say something more common like metformin for type 2 diabetics, I remember after a vehicle accident I was prescribed some cocodamol 30/500 I think I had to take 2 , anyways they knocked me so sick I only had 2 doses, in passing I mentioned this to some woman and she kept nagging asking what was I going to do with the remainder, anyways after a search on the net I saw there is a lot of abuse of some of thes morph based medication.

moneyistooshorttomention

chloe15 wrote: »

No sorry nothing like that! This colleague had spine problems also and when he saw me doubled over in agony he went and got this painkiller for me from home as he knew I'd had it before and wanted to help me. They've dismissed him also. With me they've listed lots of gross misconduct including reporting for work whilst unfit etc. I was not unfit I was in a lot of pain and very tired, they are even using the fact I got a lift to work against me saying I knew I was unfit which is rubbish, I was following the advice on the pack which says don't drive until you know the effects!

Surely that counts very much as "unfair dismissal" for both your colleague and yourself. Its your business and your business only what transpired between the two of you.

Very odd too to state reporting for work is "gross misconduct". I understand that some employers sack people for being off work sick, but not for actually coming into work whilst sick.

Can you produce proof that that is a medical drug - rather than a "recreational" drug? I presume that particular drug IS only taken as a medical drug? I presume also that that particular drug wouldn't affect performance on the job in some way (eg the job requires very clear thinking and the drug affects the brains' thinking for instance).

It does sound rather like you two will have to bring an unfair dismissal claim, rather than being able to get your jobs back. But I do hope and cross fingers for you both that you will indeed be able to get your jobs back. Is there some absolute "top of the list head honcho" you can both explain the facts to very clearly and head honcho can cancel out underlings sacking of you both? You wouldn't be popular with Mr Underling if you do manage to get your jobs back....but Mr Underling will have to live with that and you just "blank" any goes at you he decides to have because his instructions were overturned.

System

maninthestreet wrote: »

....but Oramorph oral solution 10mg/5ml is not a controlled drug

Oramorph 10mg/5ml is a Schedule 5 Controlled Drug so therefore falls under the regulations and the requirement that a person may not legally have a controlled drug in their possession unless they are allowed to under the regulations.

Not currently prescribed so not allowed possession.

Undervalued

moneyistooshorttomention wrote: »

Surely that counts very much as "unfair dismissal" for both your colleague and yourself. Its your business and your business only what transpired between the two of you.

No, not at all.

What you do outside of work can very much be your employer's business. There was a much publicised case just recently where a well known stockbroker sacked an employee for posting an offensive tweet. It didn't even refer to the company!

In this case, at the very least, the employee who supplied the drug has committed a criminal offence and the OP was party to that.

As I've explained, working whilst under the influence of an unlawfully obtained, prescription only drug has serious health and safety and insurance issues.

Yes, for what it is worth, I think it is a harsh decision but I very much doubt it is an unlawful one.

Lioness_Twinkletoes

Torry_Quine wrote: »

It was extremely irresponsible to take someone else's medication and for them to give it to you. I can totally see why the employer wasn't happy and dismissed

I totally disagree. If (and there does seem to be some confusion as to whether it is or not) it's not a controlled drug it would be akin to my asking a colleague for a paracetamol or Ibuprofen. If it though, that is a different ball game. Would be useful to know what the OP profession is. That is bound to have some bearing on it.