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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Works party on Friday. My boss and I ended up drunk in a pub

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Works party on Friday. My boss and I ended up drunk in a pub doing shots. He is married and tried to kiss me. Very awkward however prior to that I drunkenly suggested getting some cocaine which he said no and looked a bit shocked.. I'm not an addict and only happens very occasionally just too much to drink. I sent him text message yesterday saying please can we put both things behind us. He replied we will discuss Monday. I'm worried he wants to fire me as he is obviously embarrassed about the kiss and he will use the drug thing against me. Can he do this ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can help answer this.

tdlawyer :

I expect what he might he saying is "I shouldn't be texting female staff on weekends with my wife here as it might be hard for me to explain to her".

tdlawyer :

However, you'd be right to say that you both would "have things" over the other.

tdlawyer :

You with his unwanted advances of a sexual nature and him over you with his suggestion of doing cocaine.

tdlawyer :

I very much expect that you will both put it down to "experience" and nothing more will be said about it.

tdlawyer :

Otherwise, legally, it has all the potential to become legally messy, with your sexual harassment claim and his discipliniary hearing against you for suggesting illegal drug use.

Customer: If he wanted to fire me because he was worried that I hawd cocaine Ivan be do that? Bearing in mind my work is good. I don't take cocaine enough to affect work and it was on a social
Customer: where it was mentioned and he didn't actually see me doing it
tdlawyer :

Yes, exactly, and you were all drunk and sometimes stipud things are done/said at Christmas events. Yes, the law all still applies etc., but context is all important too.

tdlawyer :

My feeling is that you're probably worrying unnecessarily.

tdlawyer :

But if not, you have a potential sexual harassment claim there if anything were to go wrong, and potentially, and unfair dismissal one too if you were sacked. For the reasons I've mentioned though, I think that's unlikely, and you'll both sit down and agree to forget everything!

Customer: Ok thank you. I do feel better. sorry one final
tdlawyer :

No problem.

Customer: thing can you be dismissed just for saying you took drugs even if it didn't take lplace ?
tdlawyer :

No, I don't. I hardly think that would be a reasonable response for somebody that has worked there with an unblemised record for more than 2 years!

Customer: I've been there 3 months but prior to that yes there were no issues with my work. I thought here had to be a warning etx before you got fired anyway ?
tdlawyer :

Legally, no warnings are necessary if you've been there for less than 2 years. However, because of the potential sexual harassment element, dismissing you for no other reason would be a very silly thing for him/the employer, to do.

Customer: Ok thank you. I'll see what happens then. Legally he can dismiss for suspecting i take drugs but you don't think he will because of the sexual harassment threat ?
tdlawyer :

Yes, that's right.

Customer: Ok thanks
tdlawyer :

You're very welcome. Can I ask whether you're happy with this service today please?

Customer: Yes thank you.
tdlawyer :

Fabulous. Thank you! Please do remember to rate the answer for me before leaving today, and if anything happens unexpected, you're welcome to come back to me anytime.

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