Terminating my contract

omen666

Right I am in a 6 month renewable contract and have done 6 months and have been renwed for another 6 until March 08.

During this time and in the early days I was playing poker and drinking and sometmes called in to say I wont be in. They have had words about this now 3 times and been pretty lenient.

On Wednesday a colleague was leaving the company and having a drink to say goodbye, taking in the England game as well. I went back to a colleagues place and we were up drinking all night and then my phone went off and it was my alarm - 6am!!! we hadn't really noticed. I go into work at 8am and ask if I can leave at 10am as I had been up all night and was tired and needed to go home to sleep. Nothing about drinking!! when the 2 late support guys come in and was told okay but my manager said he wasn't happy about it.

Now today I noticed that they had removed my VPN access for support and as we have a shortage of company laptops (True) could I bring mine in. It is not necessary for me to have one really but helpful.

Now I was suspect about this and gave myself Exchange access to my managers mailbox and saw that he had cotacted my agency and stated that they were not happy and what can they do in terms of terminating my conract. They replied ack that there is a 4 week notice period, obviously which they will have to pay me.

My manager is a bit of a wheeler dealer and even when buying kit always barters a lower price with providers. I saw an e-mail on what do they make of me coming in stiking of drink at 8am and then going home. the reply was it can be terminated on Gross Misconduct grounds.

now they haven't released me yet as the manager I report directly to is not back from Annual Leave until Tuesday I know he is not happy about the situation and also there are 3 support guys in London and the other guy is new and doesn't know an awful lot, the other is on Holiday from 9th Dec for a month, as they have a load of bespoke apps and I am heaily relied upon I hope that they will give me oe more go. The manager who is back on Tuesday is a bit of a panicker and clueless and this I reckon will make his !!!! go knowing he only has one person in London so we will see how it goes.

My question is this. If they want to terminate my conract on Gross Misonduct grounds what proof do they need?? I was out the night before yes drinking but what evidence do they need?? It is not that when I got in I done anything wrong, quite the contrary, I resolved 8 support calls in 2 hours done the daily checks and there was nothing wrong with my work. I know he is just trying to get out of paying the 4 weeks but what proof does he have that I was drunk? When I wasn't, there was just the smell of it after a night out if you know what i mean?

Surely he cannot just terminate it on gross Misconduct based on his say so???

Horace

If you have had warnings before about drinking and going into work stinking of booze then yes they can terminate your contract for gross misconduct. You also gave yourself access to your Manager's email account that in itself is gross misconduct.

To smell of booze the next day after a night out then you must have consumed an awful lot. You might not have felt as though you were drunk especially if you are used to consuming vast amounts on an almost daily basis but you were drunk. One unit of alcohol takes half an hour to an hour to leave your body (1 unit is half a pint of beer, 1 measure of short, 1 small glass of wine).

Not wanting to preach but it does sound as though you need to get your drinking under control because it is going to have a negative impact on your future employment prospects especially if you work for an agency. I suggest you either learn some self control and quickly or get yourself off to Alcoholics Anonymous because you have a problem.

Conor_3

You provided them with all the proof they needed. You came into work stinking of booze and asked to go home after 2 hours because you couldn't cope. In any employers books that screams "I'm still drunk". In addition to that, you've rung in sick after being on benders in the past as well.

Yes he can sack you and no, you have no defence. YOU WERE DRUNK.

The conversation would go like this:

"Do you admit coming to work smelling of drink?"
"Do you admit to asking to go home after 2 hours?"

There doesn't need to be a mention of drinking because you smelled like a brewery.

Serves you right. I expect your next job will probably end the same way as you seem to have a problem with self control.

Chollita

Is this a wind-up? You seriously expect your employers to give you time off because you went on a bender?

And there was something wrong with your work. You didn't want to stay there to do it, for no better reason than you were hungover. That is your own responsibility, and neither your employers or your colleagues should have to compensate for that in any way.

System

If there weren't ground for dismissal for gross misconduct before , there are now by you accessing his mailbox.

omen666

Thx for replying, I didn't come on here to be berated, I know the situation I am in, just looking for advice on the situation now. .

I wasn't impaired, slurring etc just a smell of it. I know I haven't created the ideal sitation nor was it ethical and I understand the implications of accessing the mail. just want to understand where I stand now in terms of ending the contract, Surely Gross misconduct is immediate dismissal or suspension?

Savvy_Sue

omen666 wrote: »

Surely Gross misconduct is immediate dismissal or suspension?

Normally, I'd agree with you, BUT in this litigious age I know I'd want to check my grounds very very carefully before using Gross Misconduct and asking someone to leave the building.

Ewarwoowar2

To find that you've committed gross misconduct they need a reasonable belief that you came into work drunk. They could gain this through 1. a statement from your manager that you smelt of alcohol and 2. that you went home 2 hours after starting work.

IN any event, you don't have a years service. Therefore, they can sack you at a drop of a hat, for any reason they want (as long as it's not discriminatory).

My advice would be to go see your manager on Monday. Explain that you've been going through a bad time in your personal life. However, you've turned things around and you promise that the drinking has stopped. Hint that you've been to the GP. They may give you a final written warning if they think you will change and you're good at your job.

Alternatively, you could hope that they really need you and turn a blind eye to your misconduct. However, from the e-mails your mananger sent, this does not look likely.

Ewarwoowar2

Savvy_Sue wrote: »

Normally, I'd agree with you, BUT in this litigious age I know I'd want to check my grounds very very carefully before using Gross Misconduct and asking someone to leave the building.

It's irrelevant. He doesn't have a year's service.

loopy_lass

cant believe your even questioning why they terminated your contract...

sorry, but come on!!!!

loops

Conor_3

omen666 wrote: »

I wasn't impaired, slurring etc just a smell of it.

Yes you were. You had to go home after 2 hours.

I've had many times where I've not been able to get to sleep the night before yet I've managed to do a 15 hour shift. the day after.