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Unfair Dismissal

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by pip-admin

A resent employment tribunal has found that an NHS worker was unfairly dismissed after a colleague reported him for smelling of alcohol whilst at work, without evidence to show that he was unfit for work. 

The healthcare assistant was investigated following a report that he had come to work smelling of alcohol. He maintained that he had only had a few drinks the night before.  The tribunal highlighted that there was no evidence of impairment to function. No one had expressed any concern about the claimant’s behaviour, or suggested that he had been acting drunk.

The employment tribunal held that smelling of alcohol whilst at work was not by itself sufficient evidence to constitute gross misconduct and didn’t warrant dismissal under the trust’s disciplinary procedure and substance misuse policy.

The tribunal also found that it was unreasonable for the claimant’s refusal to participate in an occupational health referral to be added to the reasons for dismissal.

As an employee, you have rights and obligations, and so does your employer. When these are breached to your detriment, such as unfair dismissal or discrimination, Personal Injury Practice Solicitors can advise you on what can be done to right that wrong.

If you feel that you have been a victim of unfair dismissal then contact us today.

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Unfair Dismissal