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Drink problem
Page 33
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For the past few months we have received reports from other concerned drivers that one of our drivers is drinking heavily.We have strong suspicions that this is true. How do we prove this, and how do we proceed legally? Without the proper actions we obviously leave ourselves open to all sorts of legal problems, but the risk of serious accident is very worrying. An extremely concerned operator Name and address supplied
First, interview the other drivers and obtain information of times when they know this driver has been drinking.
Put these in writing. If possible get the drivers to sign them.
Second, hold an investigatory meeting with the driver, who has the right to be accompanied by a work colleague or union representative if he is a member of one. Give him copies of the statements before the meeting.
After the meeting you need to decide whether to proceed to a formal disciplinary hearing. Also decide whether the misconduct is serious enough to warrant the driver's dismissal, with or without notice.
Following a disciplinary hearing, the driver has the right of appeal and he has the right to be accompanied at the disciplinary and appeal hearings.
A serious word of warning — seek legal advice before going down this route, because if your procedure is flawed the driver will succeed in an unfair dismissal case even if his dismissal was justified.