Allegation of being drunk at work

[iniesta88]

I am currently suspended from my place of working facing allegations of being drunk whilst at work.

 

My employers suspects this as I made a telephone call to the health and safety department 40 mins before I was actually due to start work. It was recorded.

 

The call involved a lot of mumbling and a conversation asking for permission to work, there was no slurring or shouting or any abuse to the person on the other end.

 

As far as I am concerned I was in bed asleep at the time and do not remember making the call, I have had previous episodes of sleeptalking/walking and phoned friends before.

 

This is entirely what the allegation was based on. The events leading up to this were as follows: I had 4 pints of lager the previous evening and had a late night due to meeting a friend in town, and came back to the hotel late and was accompanied by a work colleague. He has provided a statement stating i was not drunk that night or in the morning once work started at 8.30 am. I also have a statement from the friend i was out with, that I was sober and not drinking alcoholic drinks in town.

 

My employer has contacted the hotel and requested CCTV footage to check our whereabouts and what state we were in, are they legally allowed to request this and use this against us?

 

It also states in the employment handbook, that the rules on drinking at work are not intended for a "one off instance".

 

Could anyone please advise on my options and whether or not my employer has a case for dismissal?

 

Thanks

[honeybee13]

Hello and welcome to CAG. I expect the forum guys will be along later with advice for you.

 

You say you have had previous episodes of sleepwalking/talking. Could your doctor provide any background evidence on this, do you think? What time of day did you make the call concerned please?

 

My best, HB

[iniesta88]

No, i didnt deem it serious enough until now to consider getting professional help. I'm not sure it would stand up as evidence now as it will just look like an excuse?

[iniesta88]

Looking at the company policy, for it to be deemed gross misconduct I have to have been seriously incapable at work.

 

Is there sufficient evidence to prove this?

[Emmzzi]

Can we start by asking what the actual state of play was? You seem concerned about CCTV images - why?

 

It's unlikely a mate would give a 100% honest statement.

 

Your illness seems implausible.

 

Help us out here?

[iniesta88]

Not concerned about the images in regards to my state as i was sober and coherent, just worried how they look in terms of coming back so late at night. After all work only need to have a sufficient amount of evidence against me that i was drunk at work and this just adds to it.

 

Also the other person who I was out with that night is not being investigated and is back in work as normal, even though we drank the same amounts and started work at the same time. Is this fair?

[Emmzzi]

I'd say if you were the only one who made a slurry call to work, then they have just cause to investigate only you.

 

I think you'll just need to cooperate and see what happens.

[ericsbrother]

employer cant ask for cctv from hotel as it is your private date. they would need either your permission or a court order and that isnt going to happen due to cost and being pointless anyway. However, if you feel it may be useful showing your innovence you can request it yourself and when you have reviewed it decide if you want to make it available to your employer. It can take 40 days to fulfill subject access request and can cost up to the statutory max of £10

[kennythecelt]

You have witnesses to the sleepwalking incidents though and statements can be made.

[smokejumper]

Not being trying to be awkward, but just wanted to ask.

 

Would the Employer be able to request the cctv recording if they had paid for the hotel?

 

Although it's not clear if that is the position here.

 

 

 

employer cant ask for cctv from hotel as it is your private date. they would need either your permission or a court order and that isnt going to happen due to cost and being pointless anyway. However, if you feel it may be useful showing your innovence you can request it yourself and when you have reviewed it decide if you want to make it available to your employer. It can take 40 days to fulfill subject access request and can cost up to the statutory max of £10