HR tip: Proof of drunkenness

HRD & Payroll Solutions continues to bring HRZone.co.uk members a range of HR and payroll tips in 2007. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HRZone.co.uk highly recommends that any tips are taken as a starting point for guidance only.

Question:
"Our night shift manager sent a man home because he said he was too drunk to work safely. We called the employee in for interview to decide whether disciplinary action was called for, but he now claims he wasn't drunk and that we have no evidence to prove that he was. What can we do?"

HR tip:
You do not need proof of drunkenness, only a soundly-based belief. If an employee turns up for work and is staggering, slurring his speech and seems to have difficulty walking in a straight line, you are entitled to conclude that he is unable to work safely and must be removed from the workplace for his own and other employees' safety.

What caused his condition is immaterial, though, if he smells of alcohol, you may conclude that he is drunk. The night shift manager should record in his log at the time what happened, what evidence formed his belief, and what action he took. Ideally this should be counter-signed by a witness, though this is not critical.

Previous HR and Payroll tips:

March 2008
Satisfactory references
Time off for funerals
Redundancy – bumping

February 2008
Companion at informal warning
Advising retirement age employees of their rights
Alcohol on site
Lawful discrimination

January 2008
Reducing company car standard
The disappearing employee
Pre-employment medicals
Monitoring bullying
Controlling absence

2007 tips

2006 tips

Story read 1659

	Mail this article to a friend
	Printer friendly version
	Add comments to this article

User comments

Add comments and share your views with other users.  Please read these notes