About to be fired for gross misconduct...need advise

Ozzuk

Out of interest I did some more digging, and it might not be that clear cut.

https://www.xperthr.co.uk/editors-choice/employee-who-attended-work-drunk-was-unfairly-dismissed/110371/

However, given the OP's history and final warning I still think dismissal will be likely result.

Comms69

Ozzuk wrote: »

Out of interest I did some more digging, and it might not be that clear cut.

https://www.xperthr.co.uk/editors-choice/employee-who-attended-work-drunk-was-unfairly-dismissed/110371/

However, given the OP's history and final warning I still think dismissal will be likely result.

In that case the project had taken action against the claimant, but not another person. There by they blurred the lines of gross misconduct.

Sncjw

I don’t mean to be rude but can I ask what are you expecting your workplace to do for you in regards to support?

To be able to change you have to do it yourself. No one else can make you change other than yourself.

I would have thought the first instance would have made you aware not to do it again

sangie595

I notice that after the intervention of the cyberbullying know it all who offers no advice, we now have a new expert hot on their heels who is also offering pie in the sky advice to people. Being drunk, or under the influence, at work is definitely within the spectrum of outcomes that a reasonable employer would consider as gross misconduct. That's the legal test. Anyone who thinks that they can argue that being drunk at work - especially with someone who had already been warned about alcohol related issues at work - is an unfair dismissal needs their head testing.

If the OP doesn't get dismissed, they'll be exceedingly lucky. It's unfortunate, but they can't say there haven't been warnings from the employers side, and whether alcoholism is a disease or a choice or a mental illness is nothing more than angels dancing on a pinhead - a red herring of semantics. Dismissing someone who was drinking in the workplace is not discrimination. Unfortunately, it is a good idea. Being under the influence in the workplace puts yourself and others at risk and is a serious breach of health and safety. I'm not unsympathetic to the OPs problem, but they need to seriously address this problem. It's already way out of control. And will get worse if they don't. And whilst I would wish them well in doing that, they are not the only person in the workplace, and the safety of others is a bigger picture that cannot be ignored.

ds383

sangie595 wrote: »

I notice that after the intervention of the cyberbullying know it all who offers no advice, we now have a new expert hot on their heels who is also offering pie in the sky advice to people. Being drunk, or under the influence, at work is definitely within the spectrum of outcomes that a reasonable employer would consider as gross misconduct. That's the legal test. Anyone who thinks that they can argue that being drunk at work - especially with someone who had already been warned about alcohol related issues at work - is an unfair dismissal needs their head testing.

If the OP doesn't get dismissed, they'll be exceedingly lucky. It's unfortunate, but they can't say there haven't been warnings from the employers side, and whether alcoholism is a disease or a choice or a mental illness is nothing more than angels dancing on a pinhead - a red herring of semantics. Dismissing someone who was drinking in the workplace is not discrimination. Unfortunately, it is a good idea. Being under the influence in the workplace puts yourself and others at risk and is a serious breach of health and safety. I'm not unsympathetic to the OPs problem, but they need to seriously address this problem. It's already way out of control. And will get worse if they don't. And whilst I would wish them well in doing that, they are not the only person in the workplace, and the safety of others is a bigger picture that cannot be ignored.

Thanks for the honesty. I have the hearing tomorrow. I'm expecting to walk out unemployed. I just hope that I can claim ESA or something because I don't think I'll be entitled to JSA due to it being a misconduct issue and I'm already running out of money. I think I'd be homeless in a month or two if I didn't live with parents.

ds383

ohreally wrote: »

Does your employer have a substance abuse policy? I've dealt with similar cases and first thing I would suggest is a self referral to the occuuhealth provider, ask for help, and get your hand on relevant policy's.

Yes, they do have a substance misuse policy but because what I did is 'gross misconduct' I can't see them not dismissing me

Rosemary7391

ds383 wrote: »

Thanks for the honesty. I have the hearing tomorrow. I'm expecting to walk out unemployed. I just hope that I can claim ESA or something because I don't think I'll be entitled to JSA due to it being a misconduct issue and I'm already running out of money. I think I'd be homeless in a month or two if I didn't live with parents.

I would hope that you can claim ESA in this event. A group like the CAB might be able to help you sort that out? And there is a benefits advice board on here too. It sounds like you're still keeping yourself grounded in reality so I'm sure you'll be able to make it through this period, one step at a time does it

ds383

Genuineguy03 wrote: »

OK. Unfortunately, because it was on work premises then there nothing anyone can do. As you already know, drinking on work premises is gross misconduct and more likely than not ends in summary dismissal.

If it hadn't been on work premises then you would have stood a better chance of not losing your job with a bit if help from us here.

Totally shocking how occupational health can turn round and say alcoholism is not an illness, when its well documented as being an illness under mental health. Or even a secondary illness brought on by mental health problems.

Also, when you said all the doors are locked and you can't leave the premises, what about the fire exits?

They don't actually know that I drank AT work though, I haven't told them that. I told them I took the pills on lunch and that I drank all day before showing up to work. So maybe there might be hope still as they have no solid evidence that I actually drank on the premises?. I don't know though.

marliepanda

ds383 wrote: »

They don't actually know that I drank AT work though, I haven't told them that. I told them I took the pills on lunch and that I drank all day before showing up to work. So maybe there might be hope still as they have no solid evidence that I actually drank on the premises?. I don't know though.

That should not give you hope.

Drinking on the premises would be another nail in the coffin, but they have a lot of nails already. They don't need that one.

Comms69

ds383 wrote: »

They don't actually know that I drank AT work though, I haven't told them that. I told them I took the pills on lunch and that I drank all day before showing up to work. So maybe there might be hope still as they have no solid evidence that I actually drank on the premises?. I don't know though.

I wouldn't rely on that poster to provide accurate advice.


I think you're clutching at straws. Much better to get sacked now and deal with the issues. Keeping your job has only made it worse.