Unfair dismissal ruling upheld for man sacked for drinking shandy

Posted 13/04/2011

A man who claimed his being sacked for drinking shandy at work amounted to unfair dismissal has had his complaint upheld.

Allan Reid, a caretaker for Liberty Living, had stepped outside his work premises to drink a pint of the beverage, but was found by his boss and ordered to a disciplinary hearing, Workplace Law Network reports.

Mr Reid was subsequently sacked for being under the influence of alcohol during work hours, but he complained on the basis that he was not because he had only consumed one shandy.

He took his case to an employment law tribunal, which ruled that the employee had not been aware of the employer’s strict drugs and alcohol policy and that it was not clear enough that the actions amounted to gross misconduct.

The tribunal awarded him £13,000 for unfair dismissal, a sum that has been approved despite an appeal from Liberty Living.

Unfair dismissal can occur when a contractual term is broken during the termination of employment process, or when the employer does not follow standard procedure. Anyone affected should seek the advice of employment law specialists such as those at Ashtons Legal.