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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from work last thursday 16.1.15 at 08.45 because

Resolved Question:

I was suspended from work last thursday 16.1.15 at 08.45 because i failed a breath test. I do not drive to work. I am waiting to hear from my employer .What are my rights.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

8yrs

Customer:

8 years

Customer:

is there any more advice you can give?

Ben Jones : sorry i was offline by the time you had replied. Just one more question - does your contract or a workplace policy state that your employer is able to conduct a breath test on you?
Customer:

yes

Ben Jones :

Being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee. Reasons could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.

During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.

Whilst you may not drive in to work, the employer does have the contractual right to breathalyse you so unless you refused and were forced to do it against your will then they can use that against you. It does shoe that you may have been turning up to work intoxicated, even if you did not have to drive any vehicle – it is the simple fact you were drunk when in work and attempting to carry pout your duties, whatever these may be, that is the employer’s concern here.

So as mentioned you must allow the employer to conduct their investigation now and then see where they take this once it has been completed.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

yrs##

Customer:

sue

Customer:

eeyed suesordrd ti;;tihohhigoss eeg'

Ben Jones :

, not sure what happened with your response but it is unfortunately illegible, could you please try again, thanks

Customer:

so what advise would you give in anaswering any questions, as it was a claea case, did fail the breath test clea

Customer:

what advise would you give as the details are clear cut . I did fail the breath test

Ben Jones :

You obviously have to be honest and if the evidence is there in black and white then there is not much you can say. I cannot predict what questions the employer will ask you so I cannot tell you what answers to give but as mentioned you should be honest and show remorse, perhaps admit you may have a problem and ask them to help you rather than to just go and punish you without considering this first

Ben Jones :

Does this answer your query or can I clarify anything else ?

Customer:

yes thank you

Ben Jones :

you are welcome, all the best

Customer:

Thanks i will now select the stanadard of servive so i can close the job

Ben Jones :

thanks

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