McElroy v Cambridgeshire Community Services NHS Trust [2014]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Health and Safety
Issues covered: Unfair Dismissal; Alcohol in the Workplace

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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This article is correct at 13/07/2017

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