03 September 2007
Factory worker's unfair dismissal claim rejected
A factory worker who was sacked after arriving for his job smelling of alcohol has lost his claim for unfair dismissal, it has been reported.
Iain Waters, 40 of Glasgow, was sacked from his job as a warehouse operative at United Biscuits in May last year, according to a report in the Evening Times.
He claimed that he had been drinking at his girlfriend's fathers' funeral and had not slept well, causing him to be late for work.
On arrival at the factory, his line leader Angela McCulloch smelled the drink and told him he was jot permitted to work in the warehouse area.
A subsequent investigation conducted by United Biscuits found that he had been culpable for gross misconduct and sacked him.
However, Mr Waters' claim was rejected by the court on the grounds that the firm's policy made it clear that alcohol-related incapability would be treated as gross misconduct.