You would need to address the following questions:
- Has he been issued with his Terms and Conditions?
- If so what reference, if any, is there concerning drinking / drink
driving?
- What penalties, if any, are published for employees offending for
this particular offence?
- How long the salesman had been employed?
- Has he got a history of poor behavior/drinking problems etc?
- If so what action, if any, had been taken?
- Do you have a Drink/Drugs policy in force and the means to test him?
- Have similar problems arisen previously with other employees and
(if so) what action (if any) had been taken?
- Has anything happened to this salesman in his personal life or at
work that could provide some explanation for his behavior?
- Do you have a disciplinary & Grievance Procedure?
Assuming that there is no previous history of this sort of behavior and that
drink/driving was not prevalent throughout the company (!) We would advise as
follows.
First of all, as an employer, you have a duty of care; not only to the salesman
but also to other employees who may travel with him and also to the general
public. If there was an imminent risk then action may be needed to be taken
without delay. Secondly, if the allegations are true, the employee would be
in serious breach of either explicit rules (stated in his contract) or implied
terms (under a duty of trust and confidence) not to drink when driving and/or
whilst on duty. With regard to “proving” that the salesman had been
or was under the influence of drink the standard of proof is not the same as
a criminal court and you may therefore rely upon a reasonably held belief –
supported, where possible, by witnesses, if absolute proof was not available.
We would suggest that disciplinary action should not be undertaken at
this stage. We would suggest that counseling may be a more satisfactory
method of resolving these problems and possibly obviate the need for disciplinary
action. We would advise that you should first of all establish the facts
of the matter. (It may be that comments have been made that are frivolous
or vexatious)
If the information is available then we would recommend that you list
the number of occasions that the salesman has taken an extended lunch
break (lateness should also be looked at as this could indicate a more
serious problem) and collect any other evidence that was available; including
witness statements.
The salesman should then be interviewed by his immediate manager and informed
about the observations/allegations. He should be advised that the aim of the
interview is to talk to him privately and confidentially about the matter and
that this was not a disciplinary interview. He should be informed that intention
of the interview is to determine the truth of the matter and if this confirmed
what had been said then you needed to agree, with the salesman, what action
needed to be taken to deal with it. He should be questioned and discussion take
place concerning his actions and any problems (personal or work related) that
may have caused or led to his behavior.
If the allegations prove to be untrue then the salesmen needs to be clearly
informed of this.
If the salesman admits the behavior/drinking and there are no mitigating circumstances/underlying
reasons then he would need to be advised that that you considered the matter
to be extremely serious and, should he continue to take extended lunch breaks
or otherwise continue to behave as he had been doing then disciplinary proceedings
would be implemented. A copy of these should be issued to him at this stage.
He would also need to be advised that drinking on duty/when in control of his
motor car constituted Gross Misconduct and this could result in his dismissal.
Corrective action would be agreed and confirmed in writing (in confidence)
and the situation monitored. If the salesman admitted to a more serious problem
(such as alcoholism) then further advice would need to be sought.
If the salesman did not correct his ways then you would be advised to refer
the matter to a HR professional for further advice before taking any other
action.
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