[G Griffin]

if hes a good worker dean and doesnt bring drugs to work or take them in work time and it doesnt affect his work should you really interfere i know people will say if he has accident etc blah blah blah, im not a cannabis user myself i never have been but i wouldnt start sacking people for doing it in there own time if they were a good worker however if they werent pulling there weight etc then its an option

Richy,

I am told that he does bring it to work,

And even more disturbing he actually recently has had an accident at work.

I kid you not.

Dean.

That can happen. It relaxes you so much, it can affect the bowels.

[mikecam]

Hello,

I'm officially on holiday now, the first one in nearly 5 years and I've decided that I'm going to review my employee's contracts of employment.

I've noticed through facebook that one of my employee's seems to partake in smoking cannabis. He can't be very bright considering that he requested me as a friend and is not frightened of posting pictures of his activities away from window cleaning.

Anyway,

Without taking it too personal, how dow I go about requesting a drugs test from this guy? Does it need to be added to his contract of employment?

All is fair in love and war.

Dean.

You mention to him you are all to be randomly tested for drugs this week by a HR company you are outsourcing too.(This can of course be your mate) even if you aint outsourcing to any such company. You'll get a response at this stage i would imagine. If its....no way am i gonna do that then i would say well unless you subject to a drugs test like the rest of us i assume you have something to hide and i can;t resume your work until you can prove the all clear. If he's fine with it and fails then he fails. Not sure if you have to show 'support' to him after that though, check that out.

[Carl2009]

I won't go into the rights and wrongs of drugs - everyone has an opinion.

Unless you have something defining gross misconduct in your contract or company handbook it might be hard to just sack him - you'd have to go down the verbal and written warning route I would imagine. In any case, if he's a good worker it may be difficult to replace him quickly if you did dismiss him for GM...

The best thing to do, imo, is to alter the contract / handbook making being drugged / drunk on the job GM and lead to instant dismissal, and make them aware of it, explaining you'll be drug and drink testing from now on.

All this reminds my why i'm happy being a one man band.

[William McCafferty]

Hi Dean

This is what I have in my contract of employment

44.   Drug and Alcohol use
44.1   It is the intention of Pure HYDRO Cleaners to provide a drug-free, healthy and safe workplace.  To promote this goal, you are required to report to work in the appropriate mental and physical condition to perform your job in a satisfactory manner.  While on Company business or travelling to and from client/customers premises you may not use, possess, distribute, sell or be under the influence of alcohol or illegal drugs.

44.2   The legal use of prescribed drugs is permitted on the job, only if it does not impair your ability to perform the essential functions of the job effectively and in a safe manner that does not endanger either yourself or other individuals in the workplace.  

44.3   Violations of this statement may lead to disciplinary action, up to and including termination of employment, and/or required participation in a substance abuse rehabilitation or treatment programme, especially where help is refused and/or impaired performance continues.

44.4   Possession of and dealing with illegal substances will be immediately reported to the police in all cases

[andrew hamshare]

He's a fool for broadcasting on fb and if he's carrying drugs, let alone using them, at work then even my uber liberal side would support summary dismissal.

As a slight aside, what are people's views on employees (and yourselves) driving over the speed limit?  Can be very dangerous and is also illegal! 

[formb]

Have you considered instead of posting about it on the internet (something you are taking a dim view of him doing) actually having a conversation with him about it?

Just a thought. 

[steven ainger]

http://www.direct.gov.uk/en/employment/healthandsafetyatwork/dg_10026594

Dont know if this will help??

[G Griffin]

Have you considered instead of posting about it on the internet (something you are taking a dim view of him doing) actually having a conversation with him about it?

Just a thought. 

Good point. If he gets wind you know about it (or even not), he could say he has a problem with drugs and you could have to support him through it.
You can't just sack him for it, if it happens out of work. If he makes the first move, you could be in for some more distress, Dean.

[Griffus]

Hello,

I'm officially on holiday now, the first one in nearly 5 years and I've decided that I'm going to review my employee's contracts of employment.

I've noticed through facebook that one of my employee's seems to partake in smoking cannabis. He can't be very bright considering that he requested me as a friend and is not frightened of posting pictures of his activities away from window cleaning.

Anyway,

Without taking it too personal, how dow I go about requesting a drugs test from this guy? Does it need to be added to his contract of employment?

All is fair in love and war.

Dean.

This is a minefield, discrimination, victimisation etc.

Do you have a drink and drugs policy in place?

One course of action, if you're serious, seek the help of a HR professional and take it from there.

[G Griffin]

Hello,

I'm officially on holiday now, the first one in nearly 5 years and I've decided that I'm going to review my employee's contracts of employment.

I've noticed through facebook that one of my employee's seems to partake in smoking cannabis. He can't be very bright considering that he requested me as a friend and is not frightened of posting pictures of his activities away from window cleaning.

Anyway,

Without taking it too personal, how dow I go about requesting a drugs test from this guy? Does it need to be added to his contract of employment?

All is fair in love and war.

Dean.

This is a minefield, discrimination, victimisation etc.

Do you have a drink and drugs policy in place?

One course of action, if you're serious, seek the help of a HR professional and take it from there.

I agree with Ian.
The employee could end up being the victim in this, if it's not handled correctly. You could end up compensating him.

[formb]

Victimisation? Probably.

It seems you have all decided this guys fate. Sounds suspiciously like victimisation to me.

Discrimination? Probably.

You have decided to sack someone because of something you read on facebook??

Really??

Have a conversation with the guy.

[Dean Taberner]

Some good replies there,

Thank you,

I'll have a better read through them all when I get back later,

Some key points though,

I have spoken to him, he cannot see the problem. He just thinks that I'm victimising him because he smokes weed. Seriously.

Also I will not be giving him any support, regardless of which route he goes down whether it be legal, illegal, immoral or just heartlessness he will not be getting any support from me. I'm running a window cleaning business not a counciling service. He would probably be better jacking in and going to see Graham from the Jeremy Kyle show to discuss his addiction problems as I have enough problems of my own without taking on his personal demons.

Thanks again,

Dean.

[Helen]

Dean , Haven't read all the replies, so apologies if it has already been mentioned.
Why not contact ACAS, they are there in an advisory capacity for employers too

[formb]

Some good replies there,

Thank you,

I'll have a better read through them all when I get back later,

Some key points though,

I have spoken to him, he cannot see the problem. He just thinks that I'm victimising him because he smokes weed. Seriously.

Also I will not be giving him any support, regardless of which route he goes down whether it be legal, illegal, immoral or just heartlessness he will not be getting any support from me. I'm running a window cleaning business not a counciling service. He would probably be better jacking in and going to see Graham from the Jeremy Kyle show to discuss his addiction problems as I have enough problems of my own without taking on his personal demons.

Thanks again,

Dean.

Glad you spoke to him, if he is going to be a t-w-a-t about it then tell him everyone will be drug tested on Monday morning.

He wont even show up.

Problem solved.

[keyser soze]

sack him and replace with 2 new ones

[G Griffin]

What if he went off sick? What's your policy for that, Dean?

[Dean Taberner]

What if he went off sick? What's your policy for that, Dean?

SSP mate.

[Steve Sed]

I have spoken to him, he cannot see the problem. He just thinks that I'm victimising him because he smokes weed. Seriously.

Aren't you?

[Dean Taberner]

I have spoken to him, he cannot see the problem. He just thinks that I'm victimising him because he smokes weed. Seriously.

Aren't you?

Yes I am,

I have taken offence to it a little.

I'm a tosser aren't I?

He isn't actually cleaning for me at the moment he is on the sick on a seperate matter.

As I've said I'm on holiday at the moment and I will be drinking shortly so please don't take any offence to any posts that will come regarding this thread later this evening.

The bottom line is that I'm a part time bobby, so is my wife who is a fellow director in DTWC Ltd and we are not supposed to mix with known criminals. From what I have seen of this guy I guess he is a criminal. So I either pack in my business and go down another route just so he can lose his job gratefully. Or I will get rid and carry on with my other 5 employees.

Which would you go for?

This reply isn't aimed at you steve sed. I just got carried away after I pressed the quote button. :-)

Dean.

[magic moments]

Dean,I recently left the force,and will be going back in 2013 ,and going part time on the glass,Now its an issue raised you need to tell him straight either stop ,which is unlikely,or you need to get no further knowledge of his use ,what he does at home is of no concern ,explain if you find out he has any at work then he's gone, it would be a coincidence if he was stopped by fellow police officers and randomly searched .