Employment Question

[armanimick]

Hello Answerbank colleagues

I will bullet point my nephews complicated situation for ease.
My nephew has worked in a village pub for 21 years, he is 40 and has special needs. By this I mean he went to a special needs school but was never assessed properly.

The pub landlady has been reliant on him to stay over when she has to go on business or vacation, he stays at the pub. He is popular with clientele and his work has never been criticised.

He does not know what his contract states, some months he gets a salary. Other months he gets paid by the hour. The landlady picks and chooses his hours to suit her, I.e. there is a rota for staff but she changes this as and when she pleases. He often works 60 hrs a week which is not reflected in his salary.

He will not complain or ask anything as he is a compliant worker who does not know his employment rights. He plods on for want of a better word.

In my opinion he has been used and abused, i.e. on past occasions, he has needed to go to the toilet and told he could not leaving him to urinate while in the bar and the bar staff laughing at him. Absolutely ludicrous I know. He has been told to stand in a spot and not move to which he has done....

He has always liked a drink and this has now become a problem. He puts it down to the stress of being at her beck and call and being used by the landlady. He does not realise that he can stop this, he thinks because he is paid she can call the shots so to speak. He has been drinking at work over the course of a few year, the landlady has sent him home when this happens (only one verbal warning) to date. His drinking is known to everyone and he has been to the doctors for it resulting in counselling which he stopped saying he can handle it himself.

Recently, he turned into work drunk and verbally abused his colleagues, he was again sent home but the following day asked to go in and look after the pub.

He did, got drunk again and at this point the landlady sent him home and told him to go on the sick which he did. The landlady has a friendly relationship with his mother and reports everything to her. This occasion she said someone had reported him to her employers and because she didn't want to see him sacked, got him to write a resignation letter while he was under the influence of alcohol.
The mother doesn't know anything about employment law but has consulted citizens advice who have simply said if he has been reported for drinking on duty then they will contact him.

He is now on the sick for 2 weeks and the landlady has said to the mother she would reduce his hours so he could get back to work gradually.

The mother is grateful that she will not sack him as he really would be unemployable going forward as everyone in the village knows of the situation.

My point is. He is being used and abused by his employer but he nor his mother can see this. The mother does not want to upset the employer....all the time he has an obvious alcohol problem (really) and is allowed to work in a pub with no support. Even the doctor has said he is a binge drinker !? Because no one is telling him the truth as to how much he actually drinks.

Really appreciate your guidance as my advice to go to employment lawyer is spurned.. Many thanks

[Maydup]

Unfortunately, even though the proceedures are not particularly conventional, you canot repsond to a disciplinary issue with a grievence. Ie caught drinking at work on more than one occcaision cannot be the fault of the boss who gives him plenty of hours albeit too many some weeks. He'll be lucky to keep the job.

If you want to help, suggest alcohol abuse support rather than employment law. If you follow the legal route, he will lose the job as the pub owner could lose her licence for employing him drunk.

[armanimick]

Thanks. I've suggested alcohol abuse and committing himself but doctor doesn't back this up. At this point there is no grievance. The situation is - he is on the sick but when he returns, it will all reoccur till the next time and the next, it's a cycle both employer and employee have allowed to happen. I'd prefer he continued on the sick with work supporting him with an alcohol programme seeing as how they are a public house - there must be a duty of care somewhere....

[boxtops]

It might be helpful to contact ACAS, they are really helpful and you can contact them through their website. A 60-hour week is not legal under European Working Time directive, nor is not having a contract of employment (although this can be implied, he needs to know his terms and conditions). What did the GP put on his sick note? The GP could surely help with this by offering him some suitable counselling if that's necessary.

[pixie373]

I wonder if it would help to speak to Social Services, who might be able to give you advice about Vulnerable Adults at work? This could be passed on to him, his mum and employer. If everyone knows where they stand and that someone else is keeping an eye on the situation, they may be more careful in the way he's treated.

[boxtops]

Good thought, pixie.

[pixie373]

Thank you x

[armanimick]

I have learnt tonight he has gone to work....one week into his sickness. The employer knows what he is off sick for, I will check what is on his note but, as she is short staffed, she has asked him to return and the sheepdog has returned.... He has promised his mum he won't drink. I will call ACAS myself. Social services is an interesting thought vulnerable people at work, did not know there was such a thing so will check this out.....

[pixie373]

He won't be insured at work, if doctor has signed him off...

[pixie373]

You need to mention SOVA to Social Services (safeguarding of vulnerable adults). Used to be called Pova

[boxtops]

I agree with pixie, his employer shouldn't take him back if he hasn't been signed off as fit to work, it could give rise to all sorts of problems. All employers need a Fit to Work certificate these days - it could also be seen as fraudulent as he'd be getting SSP while he's sick, and being paid as well (assuming the employer even knows about SSP....) He needs to understand that his sick note is a legal document, he mustn't work again until he's signed off as fit.

[armanimick]

Everyone...thank you I will forward to his mother to hopefully take up with the doctor, social services and ACAS....