Gross misconduct for absence due to being drunk

TyreLever

KatrinaWaves said:

Oh first using your phone is indicative of a mental health issue and now a hangover is a mental health issue! 

Jsacker please list the things which aren’t a mental health issue. I feel the list is shorter... 

I remember the phone one lol! The bathroom sacking thing right? Here are some things that he might not consider mental health related:

Falling in a volcano

Slipping on penguin !!!!!! and breaking an ankle while trekking to the south pole

Crapping oneself to death

Being in space at the time you were accused of speeding on the M5

Missing a day's work because you were attacked by a bear that morning

Failing to turn up to work because you are not yet born

Turd burgling and being too tired the next day

Needed the day off to acquire spare parts and fuel for your monster truck

I don't think there is any more, and some of those above may be wrong.

KatrinaWaves

OP makes no indication of alcoholism. Alcohol dependency and alcoholism is not drinking to the point you are too hungover to work one day. 

I appreciate you clearly like to play devils
advocate, and in some cases that’s appropriate but we have to work with what we are presented. Not add in every what if possible. I’m sure if he was spiked or was an alcoholic, or had one drink and had a terrible reaction that would have been mentioned, not just he was too drunk from the night before. 

amandacat

Did he tell them he couldn’t  go to work due to being intoxicated or did he say he was ill? 
If he was honest then they could potentially treat it as misconduct because being unfit for work through drink is considered gross misconduct by most employers. But if he said it was general illness then I can’t see how it would be gross misconduct if he followed the sicknesses procedure. 

aife

I'm an honest person by nature , but after 40 years working I have to say I sort of wish I hadn't been . When you're dealing with employers , honesty isn't always the best policy. That might sound bad , but the scales are tipped against employees.
 Just to clarify -   was your husband drunk / hungover , or was it a case of him fearing he was over the limit for driving ? Does his job involve driving. or some kind of safety critical role ?

kmb500

Gross misconduct usually means being fired, sounds like he hasn't been fired though?
It's harsh for a single day off but if he's not been there very long they probably don't have much desire to keep him
Docking wages for misconduct sounds probably illegal. (though i'm not an expert)

Skiddaw1

Can't be of any practical assistance but have to say I'm utterly and morbidly fascinated at the thought of anyone in their right minds ringing in to cry off work due to a raging hangover. It's like a Modern Toss cartoon. Whatever happened to a 24 hour stomach bug for heaven's sake?

Jono111

I can only imagine he was still so drunk he thought it was a good excuse.

theoretica

Or he knew his behaviour the night before would get back to work and anything other than the truth would be unbelievable.

nicechap

kmb500 said:

Gross misconduct usually means being fired, sounds like he hasn't been fired though?
It's harsh for a single day off but if he's not been there very long they probably don't have much desire to keep him
Docking wages for misconduct sounds probably illegal. (though i'm not an expert)

Clearly not an expert. 
Unauthorised absence is usually unpaid.
Demotion and consequent reduction in pay is within the range of options open to a reasonable employer to apply for gross misconduct.

mr_stripey

Skiddaw1 said:

Can't be of any practical assistance but have to say I'm utterly and morbidly fascinated at the thought of anyone in their right minds ringing in to cry off work due to a raging hangover. It's like a Modern Toss cartoon. Whatever happened to a 24 hour stomach bug for heaven's sake?

True. My days of hangovers are most probably behind me and I can't really think of when I had a day off sick because of one (my drinking pals were also some of my work mates) so it was a case of getting in a struggling through. However I certainly wouldn't have phone in saying "I can't come fo work becuase I'm hung over" - honesty probably isn't the best policy here 

Having said that, I remember a long time ago waking up late after a particularly heavy session watching Leicester win a League Cup Semi Final back in 1997 and phoning my boss with an excuse at the ready. Him neither being a drinker, nor a football fan I was epecting him to take a pretty dim view. Before I could speak he said "don't bullsh1t me, I know you're hungover. Go back to bed and come in after lunch. No worries". 
Nice guy - I didn't let him down again!