Alcohol and Fairness of Dismissals

A recent case before the Employment Tribunal considered whether the summary dismissal of a health care assistant was fair in circumstances where he had attended work smelling of alcohol. The employee had been with his NHS Trust for eleven years and was reported to have attended work smelling of alcohol.

The employee was interviewed by his line manager and accepted that he had consumed two beers the night before. He was subsequently suspended and invited to attend a disciplinary hearing.

The Trusts’ disciplinary policy gave a relevant example of gross misconduct as “being unfit for duty through the effects of drink”. The Trust relied on this in support of the allegations and considered that the employee had reported at work under the influence of alcohol. As a result, this led to a breakdown in trust and confidence in his ability to carry out his role.

The employee was ultimately dismissed. At the Employment Tribunal, it was concluded that it was reasonable to find that the employee had attended work smelling of alcohol. The Trust relied on statements which had been gathered from a number of employees and had also considered the previous history where employees had reported the same behaviour.

However, whilst it may have been apparent that the employee smelled of alcohol, there was no evidence that he was incapable of functioning effectively at work. There was no evidence of the performance being impaired and so dismissal on the grounds alleged could not be sustained.

The case highlights the importance of not only framing policies, procedures and allegations consistently but also the need to consider the impact of any behaviour on an employee’s work. It is clearly unprofessional for an employee to attend work smelling of alcohol but, the allegation was that the employee was unfit for work and there was no confidence in his ability to carry out his work. There was no evidence of this and so the dismissal was unfair.