McElroy v Cambridgeshire Community Services NHS Trust Posted In: Case Law
Legal BodyEmployment Tribunal
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues, Health and Safety
The claimant worked as a Healthcare Assistant for the NHS Trust. He was suspended from his duties and a disciplinary investigation was initiated following an allegation that he had reported for work under the influence of alcohol. The claimant denied arriving to work inebriated claiming he had merely drank a few beers the night before. The investigation was referred to Occupational Health (OH).
It was discovered at the disciplinary hearing that senior members of staff had previously expressed concern at smelling alcohol on Mr McElroy. In contrast, the investigative report stated many patients liked him and that there were “no other negative reports about him”.
OH deemed the claimant fit to
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