Seafood factory employee sacked for drinking beers prior to shift wins ₤ 5,000 unjust termination case

A factory employee has actually won more than ₤ 5,000 after she was sacked for confessing to consuming 3 beers– a minimum of 9 hours prior to her shift began.

Malgorzata Krolik was fired after managers declared they might smell alcohol on her when she showed up for her afternoon shift.

However a work tribunal heard the smoked salmon processor had just had a beverage in the early hours to assist her sleep which it was the equivalent of somebody working a 9am shift having a beverage at 11pm prior to going to sleep.

Seafood giant Youngs stated its ‘absolutely no tolerance’ policy on alcohol suggested workers might not consume on the very same day they worked and fired her for gross misbehavior.

However the tribunal ruled Ms Krolik was unjustly dismissed as there had actually been no appropriate examination into claims she presented a health and wellness threat to herself or her fellow workers.

The Polish mom had actually operated at the company’s factory in Livingston, near Edinburgh, for 11 years prior to the occurrence in August 2020.

On that day she reached work for a 2pm-10pm shift to a staff member rundown performed by Alex Forrest, Operations Supervisor.

Malgorzata Krolik was fired after managers at Young’s seafood factory in Livingston (visualized) declared they might smell alcohol on her when she showed up for her afternoon shift

Throughout that rundown, Ms Krolik had a mad outburst and stormed out after being informed she would require to take her vacation while work was performed on the assembly line.

After the rundown she was advised by managers and she apologised to Mr Forrest.

The tribunal heard she began sobbing, so group supervisor Rolands Piekmans comforted her by providing her a hug and this is when he smelt alcohol on her.

She was then asked by managers if she had actually been consuming and she confessed she had intoxicated 3 beers the night prior to and had actually gone to sleep around 5am.

She was required to the workplace to speak to Jamie Glidden, the Health And Wellness Supervisor, who stated they had factor to think that she was under the impact of alcohol.

Ms Krolik responded: ‘I have had one, no 3 beers prior to work today as I have actually had difficulty sleeping which is perhaps why you smell the alcohol. I feel okay and great deals of other individuals consume too.’

Throughout the discussion she asked whether she ought to do the alcohol breathalyzer test which was laid on the table however Mr Glidden informed her there was no requirement to do so as she had actually confessed herself that she had actually had 3 beers.

The tribunal heard Mr Glidden stated the business had a no tolerance technique to alcohol on the website and she was then suspended.

She informed an investigatory conference she had problem sleeping due to issues back in Poland and stated: ‘I do not believe I was under the impact, I may of simply given off alcohol.’

She likewise confessed to having an alcohol issue and stated she required assistance to handle this.

Nevertheless item advancement supervisor Alison Hargreaves sacked Ms Krolik as she thought she just stated she had an issue with alcohol ‘as a reason for her behaviour and being under the impact’.

Work Judge Jude Shepherd stated: ‘It was just presumed … she had actually acted out of character since she was under the impact of alcohol.

‘ Without additional examination, Ms Hargreaves turned down the complaintant’s assertion that she had an alcohol issue as being just a reason for her behaviour.

‘ The proof prior to [Youngs] was that [Ms Krolik] had actually taken in 3 beers in between 8 and 10 hours prior to beginning work at 2pm and had actually slept for a variety of hours after taking in the alcohol.

‘[Youngs] appeared to put considerable focus on its “absolutely no tolerance” technique to alcohol and upon the reality that [Ms Krolik] had actually taken in the alcohol on “the very same day” as participating in work.

‘ The tribunal keeps in mind that this is comparable to a staff member taking in 3 beers by 11pm in the evening, sleeping for a variety of hours, and after that participating in work at 9am the following day.

‘ It was not affordable for the participant to conclude that the claimant presented a health and wellness threat to herself or other workers on this basis without additional examination.’

Ms Krolik won a claim of unjust termination and was granted ₤ 5454.29 in settlement.

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Written by bourbiza

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