Forklift driver dismissed for being under the influence of alcohol: employer's belief reasonable
An employment tribunal has upheld the dismissal of a forklift truck driver with 18 years' service who was found to have been under the influence of alcohol at work, ruling that the employer's belief was reasonable based on witness reports and CCTV evidence.
1 min read · Last updated 18 May 2026
Case details
- #alcohol-at-work
- #circumstantial-evidence
- #witness-credibility
- #appeal-cured-deficiencies
- #range-of-reasonable-responses
Key facts
- The claimant was dismissed for being under the influence of alcohol at work on 19 April 2022.
- The respondent relied on witness reports of alcohol smell, red eyes, slurred speech, and unusual behaviour.
- CCTV showed the claimant made 14 trips to his car and 15 to the smoking area that day.
- The claimant denied drinking and offered alternative explanations (menthol spray, hay fever, blood pressure medication).
- The appeal hearing included further investigation and upheld the dismissal.
- The tribunal found the respondent's belief was reasonable and the dismissal was within the range of reasonable responses.
Timeline
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Employment started
Claimant commenced employment as a forklift truck driver at the Bodmin factory.
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Alleged misconduct
Claimant was reported for smelling of alcohol, having red eyes, and behaving unusually. He made multiple trips to his car and smoking area.
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Suspension
Mr Higman suspended the claimant after a meeting where he believed the claimant smelled of alcohol.
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Investigation report
Investigation report completed, summarizing witness statements and CCTV evidence.
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Disciplinary hearing
Hearing conducted by Mr Buhus; claimant dismissed summarily for gross misconduct.
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Dismissal confirmed
Written confirmation of dismissal sent to claimant.
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Appeal lodged
Claimant appealed the dismissal.
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Appeal outcome
Appeal not upheld; dismissal confirmed.
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Claim presented
Claimant presented unfair dismissal claim to the tribunal.
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Hearing day 1
First day of the liability hearing via video.
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Hearing day 2
Second day of the liability hearing.
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Judgment
Tribunal dismissed the claim, finding the dismissal fair.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the employee for misconduct (being under the influence of alcohol at work), considering the investigation and whether the decision fell within the band of reasonable responses.
The outcome
The tribunal dismissed the claim, finding that R&R Ice Cream Limited acted fairly in dismissing the forklift truck driver.
The key reason was that the employer had a genuine belief, based on reasonable grounds, that the driver was under the influence of alcohol. The investigation was reasonable in the circumstances, and the appeal process cured any minor procedural deficiencies.
No compensation was awarded as the dismissal was fair.
Lessons & takeaways
- Employers can rely on circumstantial evidence such as witness reports and behaviour patterns when direct evidence (like a breath test) is unavailable.
- A thorough appeal process can remedy minor procedural flaws in the initial disciplinary hearing.
- Length of service does not automatically make a dismissal unfair if the employer's belief is reasonable and the investigation is adequate.
- Employees should be aware that alternative explanations for symptoms (e.g., medication, hay fever) may not outweigh consistent witness evidence if the employer reasonably disbelieves them.
When circumstantial evidence is enough
This case shows that an employer does not always need a 'smoking gun' to fairly dismiss an employee for alcohol-related misconduct. The forklift truck driver, who had worked for R&R Ice Cream Limited for 18 years, was dismissed after multiple witnesses reported smelling alcohol, seeing red eyes, and observing unusual behaviour. CCTV footage showing 14 trips to his car and 15 to the smoking area on the day in question added weight to the employer's concerns.
The driver denied drinking and offered alternative explanations: a menthol spray for a shoulder injury, hay fever, and blood pressure medication. However, the employer reasonably rejected these explanations because the symptoms were consistent with alcohol consumption and the driver's behaviour was out of character.
What the employer did right
R&R Ice Cream Limited conducted a reasonable investigation, gathering witness statements and reviewing CCTV. The disciplinary hearing was thorough, and the appeal process included further investigation, which the tribunal noted 'cured any deficiencies' in the initial process. The tribunal emphasised that the employer's belief was genuine and based on reasonable grounds, even though no breathalyser test was administered.
Why this matters for similar claims
This case reinforces that tribunals will not substitute their own judgment for that of the employer, as long as the employer's decision falls within the 'range of reasonable responses'. Employees with long service may expect more process, but here the employer's actions were deemed sufficient. The key lesson for employees is that consistent witness evidence and behavioural patterns can outweigh alternative explanations, especially when the employer has a rational basis for disbelief.
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