Staff using drugs
Discussion
Hopefully someone here can advise.
Our staff handbook states that attending work under the influence of alcohol or non prescribed drugs would be classed as gross misconduct. There is nothing regarding either out of work hours in the handbook.
One of staff is displaying all he signs of recreational canalised use, mainly total lck of short term memory, to the point that you can have a conversation with him, and ten minutes later when you mention what you discussed he just looks at you, with no idea of what you are talking about.
This is having a massive impact on his ability to do his job, and ultimately means I can't trust him to complete any task ever. We are only a small setup, and his inability to do what he is ment to do is costing me money.
He is on a written warning, having missed deadlines on all sorts of tasks, but can I legitimately raise my concerns about drug use withou opening myself up to all sorts of accusations and comeback?
Our staff handbook states that attending work under the influence of alcohol or non prescribed drugs would be classed as gross misconduct. There is nothing regarding either out of work hours in the handbook.
One of staff is displaying all he signs of recreational canalised use, mainly total lck of short term memory, to the point that you can have a conversation with him, and ten minutes later when you mention what you discussed he just looks at you, with no idea of what you are talking about.
This is having a massive impact on his ability to do his job, and ultimately means I can't trust him to complete any task ever. We are only a small setup, and his inability to do what he is ment to do is costing me money.
He is on a written warning, having missed deadlines on all sorts of tasks, but can I legitimately raise my concerns about drug use withou opening myself up to all sorts of accusations and comeback?
I agree. However he isn't coming into work stoned, just really vacant and forgetful.
I'd sack him tomorrow for being rubbish, not capable of the position and not being able to manage his workload. Unfortunately as I understand it just being rubbish isn't sufficient reason to get rid, and I have to go through the correct procedures, namely reviews, written warnings blah blah blah
I'd sack him tomorrow for being rubbish, not capable of the position and not being able to manage his workload. Unfortunately as I understand it just being rubbish isn't sufficient reason to get rid, and I have to go through the correct procedures, namely reviews, written warnings blah blah blah
talkssense said:
Unfortunately as I understand it just being rubbish isn't sufficient reason to get rid, and I have to go through the correct procedures, namely reviews, written warnings blah blah blah
Which is what you're going to have to do by the sounds of it - you've got no proof that his performance problems are down to drug abuse (it could even be down to prescription drugs for example, being taken for a condition you're unaware of), and it sounds like there's no company procedure in place for testing - anything else could be claimed to be harassment! jontymo said:
Need to talk to your senior and HR department, not easy to deal with these things as sometimes you get into all sorts of things when these situations arise.
There are three of us. I am every department, and I have two guys who have very simple jobs which involve completing very basic task while I do everything else. This one guy does nothing accurately or on time, and is costing me money, I'd love to just tell him he is not up to it, but if I do I will be stuck with a tribunal and a fine for not following "correct procedure"It doesn't matter what procedure we follow, or what the reasons are for his total lack of performance. As a small business his incompetence will take us down if he carries on like he is now
If he's been with you for less than 1 year you can 'let him go' with no specifc reason. If not, performance management is another option, a bit of a faff and takes a couple of months, but gets it done. Seek advice before proceeding as you have to get the process right, ask them about random drug tests which also seems a good idea.
talkssense said:
jontymo said:
Need to talk to your senior and HR department, not easy to deal with these things as sometimes you get into all sorts of things when these situations arise.
There are three of us. I am every department, and I have two guys who have very simple jobs which involve completing very basic task while I do everything else. This one guy does nothing accurately or on time, and is costing me money, I'd love to just tell him he is not up to it, but if I do I will be stuck with a tribunal and a fine for not following "correct procedure"It doesn't matter what procedure we follow, or what the reasons are for his total lack of performance. As a small business his incompetence will take us down if he carries on like he is now
Jon
Most companies have a with cause or random clause in their handbooks.
I suggest that a brief chat to HR could get the handbook changes, you would then need to issue it to all staff giving them say 1 month to accept it (although THC can stay in the body for 3 months).
What industry are you in? In construction or any other industry where you can make safety critical decisions or effect other peoples safety then this sort of testing has been common in the industry for 10 years.
The other alternative is just to speak to the person, they may not know how bad there memory has got. A helpful chat may be all that is needed, on the other hand they probably don't think there is a problem!
Good luck.
I suggest that a brief chat to HR could get the handbook changes, you would then need to issue it to all staff giving them say 1 month to accept it (although THC can stay in the body for 3 months).
What industry are you in? In construction or any other industry where you can make safety critical decisions or effect other peoples safety then this sort of testing has been common in the industry for 10 years.
The other alternative is just to speak to the person, they may not know how bad there memory has got. A helpful chat may be all that is needed, on the other hand they probably don't think there is a problem!
Good luck.
warp9 said:
If he's been with you for less than 1 year you can 'let him go' with no specifc reason. If not, performance management is another option, a bit of a faff and takes a couple of months, but gets it done. Seek advice before proceeding as you have to get the process right, ask them about random drug tests which also seems a good idea.
If they started after 6th April 2012 this period is now 2 years.Just try to think outside the box here...
You haven't caught him actually smoking the stuff. He doesn't reek of cannabis. If this is a sudden change maybe something happened in his/her personal life? Being a boss is not just about punishing staff if something goes wrong. I suggest since you area smallish company try to have a nice informal chat to find out the underlying issue. Sometimes this works better than a warning letter.
Good luck.
You haven't caught him actually smoking the stuff. He doesn't reek of cannabis. If this is a sudden change maybe something happened in his/her personal life? Being a boss is not just about punishing staff if something goes wrong. I suggest since you area smallish company try to have a nice informal chat to find out the underlying issue. Sometimes this works better than a warning letter.
Good luck.
crazy about cars said:
Just try to think outside the box here...
You haven't caught him actually smoking the stuff. He doesn't reek of cannabis. If this is a sudden change maybe something happened in his/her personal life? Being a boss is not just about punishing staff if something goes wrong. I suggest since you area smallish company try to have a nice informal chat to find out the underlying issue. Sometimes this works better than a warning letter.
Good luck.
This. First. You haven't caught him actually smoking the stuff. He doesn't reek of cannabis. If this is a sudden change maybe something happened in his/her personal life? Being a boss is not just about punishing staff if something goes wrong. I suggest since you area smallish company try to have a nice informal chat to find out the underlying issue. Sometimes this works better than a warning letter.
Good luck.
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