Suspended from work

Newbie_John

I believe you are now on a paid leave - so take the time and enjoy.
They cannot fire you just based on assumption, "somebody smelling something".. 
To do so they really need a steady proof - CCTV recording, test results, or you admiting to it.
You'll be invited for meetings with HR and come as clean as you can with them - if you don't have anything to hide just explain all that's going on with you - they're not against you.

Washing hands - that is different case, we don't know what your job - if you are a brain surgeon then I guess it could be a BIG issue, if you collect bins then nobody cares.. - down to contract.

Flugelhorn

Newbie_John said:

Washing hands - that is different case, we don't know what your job - if you are a brain surgeon then I guess it could be a BIG issue, if you collect bins then nobody cares.. - down to contract.

even if you are a surgeon, it is the final "scrub up" that matters and nothing, but nothing non sterile is touched until you get to the patient. Hopefully hands are clean when you walk in the room (door handles / lift buttons etc) but if they aren't, they certainly will be before you get the gloves on

Undervalued

Newbie_John said:

I believe you are now on a paid leave - so take the time and enjoy.
They cannot fire you just based on assumption, "somebody smelling something".. 
To do so they really need a steady proof - CCTV recording, test results, or you admiting to it.
You'll be invited for meetings with HR and come as clean as you can with them - if you don't have anything to hide just explain all that's going on with you - they're not against you.

Washing hands - that is different case, we don't know what your job - if you are a brain surgeon then I guess it could be a BIG issue, if you collect bins then nobody cares.. - down to contract.

To dismiss lawfully an employer needs to make a reasonable (layman's) attempt to conduct a fair investigation, hold a disciplinary hearing then form a "reasonable belief" that the misconduct took place. Finally dismissal must be within the range of sanctions a reasonable employer might choose.

They do not need anything like the criminal standard of proof (i.e beyond a reasonable doubt). Arguably the employer's test is even lower than the civil court's "on the balance of probabilities).

magpies79

How would they go about proving if he/she was under the influence of alcohol?

Would it be enough to just dismiss someone off the opinion of another member of staff? 

Suppose they could look back at CCTV see how you was conducting yourself like walking around or ask anyone else you came into contact with how you seemed but as mentioned keep it simple and to the facts if you haven’t been drinking then just be honest.

Leefire1

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 

I don't work with food as some have suggested I work in IT. I have provided dental appointments,  dental medication,  anxiety medication. They told me they had deliberately followed me into the toilet but I wasn't doing anything other than trying to compose my anxiety. Today they have said that other people have come forward saying they think I might of had a drink. But again it's wrong and it hurts me deeply to see my colleagues whom some I've known for years could be so wrong about me. I unfortunately have went through a divorce, moved house, had false allegations from my ex. Its been alot just keeping it together and now I think I may loose my job. Should I resign or feel I may be sacked. Any advice is greatly appreciated at this time. 

Leefire1

Will it effect a possible claim for unfair dismissal if I resign? 
I think I should resign so they will give me a reference is that the case? 
Any help greatfully appreciated 

Savvy_Sue

If you resign, your reference may say "resigned while being investigated for misconduct", which isn't a good look.

You didn't say, are you a union member? 

Grumpy_chap

Leefire1 said:

Will it effect a possible claim for unfair dismissal if I resign? 
I think I should resign so they will give me a reference is that the case? 
Any help greatfully appreciated 

I think that is too little information for sound comment.

Are you in a Union?

EDIT:  I just realised, this seems to be the same case as this thread:
https://forums.moneysavingexpert.com/discussion/6582777/suspended-from-work/p1
OP was apparently reported for alcohol issues when using mouthwash and a query over handwashing.

It can be confusing when subjects are spread across multiple threads.

fatbelly

You should engage with the process.

I see on another thread t hat you are thinking of resigning and claiming constructive dismissal.

Generally much more difficult to prove than unfair dismissal

How long have you been employed there?

Undervalued

Leefire1 said:

Will it effect a possible claim for unfair dismissal if I resign? 
I think I should resign so they will give me a reference is that the case? 
Any help greatfully appreciated 

Yes, it will make it almost impossible!

Theoretically you could claim constructive unfair dismissal but it is an incredibly difficult claim to win. The last statistic I saw said that only about 3% of such cases are won at tribunal. OK some others will of course have been settled before reaching a hearing.

Also, in all but the most exceptional cases, you would be expected to have exhausted the firm's internal procedures first.

Difficult as it is, legally suspension is a neutral act and you need to engage with the process and robustly but professionally defend your position at a disciplinary hearing, if indeed it even gets that far.