Arrested for drink driving, lost job, then bloods came in under!! Unfair Dismissal?

Convicted Driver Insurance

P123321

New Member
Ok, so my story is bitter sweet. I had a few beers and a domestic row one night in november 16 (4cans at home) and had to leave the house after the argument, freezing with nowhere to go.
I got in the work vehicle, drove down the road and ended up having a crash into a tree writing off the vehicle.(i was in a terrible state after the row and what was happening, part of me wanted to crash i dunno).
Anyway long story short i left vehicle as wrote off and wandered back to my place for the night, police where there, so waited an hour till gone, ended up back at crash site to get stuff and police were there as van was blocking a wooded road and some van was trying to get out. Friend drove past police but for some reason they followed, pulled me over and breath tested me which i failed.
Back at station, answered questions, failed first test at 47 mg breath, second test machine detected mouth alcohol !!!!! Couldnt use so went to bloods, doc was there in 20 - 30 mins max and done my blood instant pretty much, i thought i was screwed with 47!!!
Anyway called boss explained, got pulled in office for first meeting, said i had drunk few cans, drove, crashed, picked up and tested by police so im pretty sure ive lost my licence. as i blew 47 and accept blood to be the same. he accepted and gave me a week for the second interview to decide my fate.(im waiting for bloods now)
2nd interview came round, very short, i was SACKED right away before results. i said ok i dont blame you really thinking i was destined to lose licence and drive for work. I PASSED AT 78 BLOOD LEVEL A WEEK LATER !!!
They know that i passed, are pissed off obviously van written off, didnt offer job back and no redundancy or anything, i am skint have a kid to feed and lost my whole career over something in the eyes of the law i didnt do!?!? Does anyone think this is unfair dismissal as the more i think about it the more i feel resentful that they should have at least waited for my conviction!!! i was so apologetic too. All replies are appreciated. BTW im very happy i kept licence obviously but still think maybe i should not just accept this lying down, had to move back to parents FFS.
 
Ok, so my story is bitter sweet. I had a few beers and a domestic row one night in november 16 (4cans at home) and had to leave the house after the argument, freezing with nowhere to go.
I got in the work vehicle, drove down the road and ended up having a crash into a tree writing off the vehicle.(i was in a terrible state after the row and what was happening, part of me wanted to crash i dunno).
Anyway long story short i left vehicle as wrote off and wandered back to my place for the night, police where there, so waited an hour till gone, ended up back at crash site to get stuff and police were there as van was blocking a wooded road and some van was trying to get out. Friend drove past police but for some reason they followed, pulled me over and breath tested me which i failed.
Back at station, answered questions, failed first test at 47 mg breath, second test machine detected mouth alcohol !!!!! Couldnt use so went to bloods, doc was there in 20 - 30 mins max and done my blood instant pretty much, i thought i was screwed with 47!!!
Anyway called boss explained, got pulled in office for first meeting, said i had drunk few cans, drove, crashed, picked up and tested by police so im pretty sure ive lost my licence. as i blew 47 and accept blood to be the same. he accepted and gave me a week for the second interview to decide my fate.(im waiting for bloods now)
2nd interview came round, very short, i was SACKED right away before results. i said ok i dont blame you really thinking i was destined to lose licence and drive for work. I PASSED AT 78 BLOOD LEVEL A WEEK LATER !!!
They know that i passed, are pissed off obviously van written off, didnt offer job back and no redundancy or anything, i am skint have a kid to feed and lost my whole career over something in the eyes of the law i didnt do!?!? Does anyone think this is unfair dismissal as the more i think about it the more i feel resentful that they should have at least waited for my conviction!!! i was so apologetic too. All replies are appreciated. BTW im very happy i kept licence obviously but still think maybe i should not just accept this lying down, had to move back to parents FFS.


Despite the the fact you were not convicted of drink driving, you have to remember that as a professional driver the firm is allowed to have a zero tolerance policy on drink driving. I have heard of firms having much stricter alcohol limits than what the law has. The maximum legal limit is 35mg of breath, there are bus and haulage companies who have much stricter limits on their drivers. Drivers have been sacked for arriving at work with as little as 10 mg in a breath test even though they never even got in their vehicle. Yes while they would sail through and pass a police breath test, their firm may not tolerance this.

If you are on railways its 5mg maximum for all staff not just drivers!

My advice is to find out what their drink driving policy is and what limit its set at. If they don't have any rules on this then you might have some hope.

I think however you are lucky to have escaped a drink driving conviction, ban and criminal record.
 
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