Suspended from work

Leefire1

Someone at work told my boss they had smelled alcohol on me in a lift. I had used mouth wash. They searched my bag found toothpaste and suggested it was to hide the smell. I have dental problems and have medication. I also suffer from anxiety and people have before thought my behaviour to be unusual. They also said they have followed me into a toilet and I was just having a minute as I was anxious. They said I didn't wash my hands. Is this allowed? I have been suspended pending investigation 

HampshireH

The HR policies should set out what steps they should take in light of an employee being suspected of being under the influence of alcohol in the workplace 

Have they followed them? It's not unusual for companies to suspend someone pending investigation 

Cheslea2010

Searched your bag? Pretty sure this isn't allowed unless you openly invited them to do so.

booneruk

I'm no legal expert, but surely if someone is dismissed because someone suspected alcohol on the breath when a subsequent bag search revealed mouthwash, and/or someone spotted someone leaving a bathroom without washing their hands (especially if said person has documented medical conditions or declared mental health issues), I would suggest that's the nucleus of a very good unfair dismissal case.

I've seen many people brushing their teeth or swilling mouthwash or leaving toilets (for whatever reason) in the workplace without giving the sink a second thought. I can't imagine them getting dismissed over it. 

If it were me in this situation I'd sit back and let the procedure play out, supplying medical evidence when possible.

LightFlare

booneruk said:

I'm no legal expert, but surely if someone is dismissed because someone suspected alcohol on the breath when a subsequent bag search revealed mouthwash, and/or someone spotted someone leaving a bathroom without washing their hands (especially if said person has documented medical conditions or declared mental health issues), I would suggest that's the nucleus of a very good unfair dismissal case.

I've seen many people brushing their teeth or swilling mouthwash or leaving toilets (for whatever reason) in the workplace without giving the sink a second thought. I can't imagine them getting dismissed over it. 

If it were me in this situation I'd sit back and let the procedure play out, supplying medical evidence when possible.

depends on the industry --- food and health spring to mind where I would find that totally unacceptable (hopefully others would as well)

Tucosalamanca

Cheslea2010 said:

Searched your bag? Pretty sure this isn't allowed unless you openly invited them to do so.

I would say consent rather than openly invited, it could well be a condition of employment.

Employment contract and employee handbook should have all the details of policies/procedures. 

Undervalued

Cheslea2010 said:

Searched your bag? Pretty sure this isn't allowed unless you openly invited them to do so.

The OP will almost certainly have given permission when they agreed to their terms and conditions of employment.

In some fields of employment, where security is a particular issue, it is not uncommon. Assuming the OP has nothing to hide they are probably best advised to cooperate in order to get this matter resolved as soon as possible.

If the employer's reaction is totally over the top for the type of environment where the OP works them maybe consider looking for an alternative job.

booneruk

LightFlare said:

booneruk said:

I'm no legal expert, but surely if someone is dismissed because someone suspected alcohol on the breath when a subsequent bag search revealed mouthwash, and/or someone spotted someone leaving a bathroom without washing their hands (especially if said person has documented medical conditions or declared mental health issues), I would suggest that's the nucleus of a very good unfair dismissal case.

I've seen many people brushing their teeth or swilling mouthwash or leaving toilets (for whatever reason) in the workplace without giving the sink a second thought. I can't imagine them getting dismissed over it. 

If it were me in this situation I'd sit back and let the procedure play out, supplying medical evidence when possible.

depends on the industry --- food and health spring to mind where I would find that totally unacceptable (hopefully others would as well)

You can go into the toilets to check yourself in the mirror, cry in the cubicle, steady yourself etc. It depends what's on the employment contract in the end, and then ultimately what's enforceable in court.

In food preparation jobs I believe there would be procedures to wash hands before handling food. That covers that - trips to the toilet to fix your hair and fears of germ pick up would be therefore be covered.

if you're worried about germs, what about door handles, lift buttons etc.

Grumpy_chap

Is the OP in a Union?
Now would be the time to seek their assistance.

If the case is as the OP has described, then these seem like relatively minor (and correctible) misdemeanours.  There may be an opposing commentary on events.

Is it normal for the employer to suspend individuals when there is an investigation.

Leefire1 said:

Someone at work told my boss they had smelled alcohol on me in a lift. I had used mouth wash. They searched my bag found toothpaste and suggested it was to hide the smell. I have dental problems and have medication. I also suffer from anxiety and people have before thought my behaviour to be unusual. They also said they have followed me into a toilet and I was just having a minute as I was anxious. They said I didn't wash my hands. Is this allowed? I have been suspended pending investigation 

RogerPensionGuy

Though I read some people fail certain tests due using mount washes or various breath smelling stuff, beware. 

***

https://valleycreekdentalcare.com/blog/2021/6/11/alcohol-vs-alcohol-free-mouthwash-know-the-difference#:~:text=Most of the mouthwashes we,freshen the breath as well.

Savvy_Sue

suspension should be a neutral act, allowing them to investigate. It also gives you a chance to prepare your side of the story: has your dentist recommended the mouthwash you use, and will he confirm that the issues you have require use of mouthwash and regular cleaning of teeth? Have you made your employer aware of your anxiety issues? 

Definitely if in a union, ask for their support.