According to the Drinkaware campaign, whether it is safe to drive after a night of drinking depends on a range of factors. Whilst we cannot say for sure that the driver is under the influence this morning, that is possible. As such, your client should investigate this as soon as possible.
It may not be safe for him to drive back to the depot. Instead, he will need to be collected and brough back to start the investigatory process. If it is in accordance with any relevant policies, now would be a good time to hold an investigation meeting. Questions such as how he is feeling, is he OK to drive, and when did he stop drinking last night, will all be appropriate.
Your client can ask him to take a breathalyser test (if part of their alcohol and drug use policy, but if not, they could ask for permission). He may need a lift home, as he cannot continue working if the suspicions remain and he will probably be suspended. The manager should make a note of the meeting, and of what he has seen, recording any smells (if alcohol related), if his speech was slurred or any changes of behaviour.
Your client should check their disciplinary policy, and any alcohol and drugs policy, to see if they deal with this, and if the driver has had a copy? Can they be confident he has read and understood them? This will be important should progress to disciplinary, as it will need to be shown that he was aware of company rules.
Ultimately, following a fair and thorough investigation, and depending on policy wording and any other relevant circumstances, the outcome may be gross misconduct. As such, they should be thorough at every stage, record what has been said and make sure to follow the ACAS code of practice and their internal procedures.
Please share this article with your clients
Our team of expert consultants have a wealth of experience and can also provide a written consultancy service to support your practice, like having your very own tax and VAT department.
Why not see what My VIP Tax Team can do for your practice, call 0800 231 5199 or vip@cronertaxwise.com to find out more
