Evening All,

After a bit of advice....

On Friday evening, two employees saw a colleague drop something out of their pocket.  The colleague didn't notice so walked off and when the two employees picked it up, it was a very small plastic bag with remnants of white powder in it.

Whilst we obviously shouldn't assume, it seems pretty clear that this is something which shouldn't be in the workplace. 

I'm just wondering how to handle it.....my current thinking is that myself and the Manager speak to the colleague next week to explain it was seen falling out of his pocket and ask for his explanation.  I would be clear that we're not discussing what he does outside of work, but the fact that this was on his person at work means we have to ask whether he was under the influence during work hours. As far as I'm aware there are no issues with this employees performance or conduct, certainly nothing that would give cause for concern that he has ever been under the influence, so I'm hesitant to come down too hard (it's not like he was seen 'using' at work), but at the same time, I don't want to be too lenient as it's obviously serious matter.  I was intending on recording the discussion so there is something on his file, but not conducting a full disciplinary about it.

Do you think this is the best way to handle it, or should I be doing something else??

Thanks in advance for any advice!

 

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Replies

  • Hi Becky

    Sounds like an interesting one, some of this will depend on what type of organisation you work in and also what your policies state in terms of possession of drugs at work (some policies which I have seen indicate that on suspicion of drugs found at work the police are called).

    I think as you suggest the first stage is to speak with the employee, you will also need to take separate statements from the two employees who saw this fall from the individual.  If the employee claims this is something which is non drug related you may choose to leave it there, or you may choose to send the sample away to be tested. 

    Although I understand your concern not to be too hard if the substance is drugs then I don't think treating this as an informal matter is an option, as this is a serious matter.   If the substance is Cocaine or White Herion then these are Class A drugs after all.

    My thoughts would be although this may not be a disciplinary matter yet it has the potential to become one therefore at this stage I would be conducting a fact finding with a view to establishing if there is a case to answer or not to treat as a disciplinary matter based on my investigation.

    If you work in an environment where possession of drugs at work potentially could put others at risk or harm then you may even consider suspension whilst the substance is tested it really will be a judgement call based on what the employee tells you and what you believe.

    Finally I found this useful chart for visually identifying drugs.

    http://content.met.police.uk/cs/Satellite?blobcol=urldata&blobh...

    Remember as part of your CIPD membership you can also phone their legal helpline to get some advice if you want further assistance altough I think it is limited to 12 calls per year and specific no. of minutes per call. 

    Good luck!

    I hope this helps

    Sarah

    • Hi Sarah,

      Thanks for the advice. 

      We do cover drugs and alcohol in our Employee Handbook, but it only mentions 'misuse' and doesn't specify about possession, although I guess you could argue that they fall into the same category.

      I think I'll do as you suggest and take formal statements from the witnesses, whilst also having an initial conversation with the employee to see what they have to say; we can then make a call based on what he says. 

      I'd completely forgotten about the CIPD legal helpline so thanks for the reminder - may give them a call to talk it through.

      Thanks again.

      Becky

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