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{"id":5591,"date":"2019-03-01T07:25:52","date_gmt":"2019-03-01T07:25:52","guid":{"rendered":"https:\/\/www.tribunalclaim.com\/?p=5591"},"modified":"2019-06-14T05:38:06","modified_gmt":"2019-06-14T05:38:06","slug":"employee-failed-drugs-test-wins-case-unfair-dismissal","status":"publish","type":"post","link":"https:\/\/www.tribunalclaim.com\/employee-failed-drugs-test-wins-case-unfair-dismissal\/","title":{"rendered":"Employee who failed drugs test wins case against unfair dismissal"},"content":{"rendered":"

Employment in sectors that involve driving, using machinery or require safety-critical operations sometimes means the alcohol and drug testing are undertaken to ensure that employees are working safely.<\/p>\n

\"\"<\/p>\n

This can either be \u2018random\u2019 testing, which involves choosing a number of employees on a regular basis for testing. Whilst others adopt \u2018for cause\u2019 testing, which occurs when an organisation asks an employee to undergo a test if they have reason to believe that they may be, or have been under the influence of alcohol, or drugs.<\/p>\n

It is lawful to do the testing, and warranted if an employee is operating a train, school bus or dangerous machinery. It can also be lawful for an employer to dismiss an employee in the event of a positive result. However, the overriding requirement is for the employer to act reasonably in all the circumstances, when considering dismissal is and a positive test result could have a plausible explanation, or be unreliable.<\/p>\n

If these considerations are not taken into account the it can lead to a finding of unfair dismissal, as seen in the case of First Essex Buses (FEB).<\/p>\n

The Ball v First Essex Buses<\/a> ended with a ruling in favor of the employee even though he had failed a compulsory drug test. This case is one of a few in recent times that has raised the question of whether or not positive tests are conclusive grounds for dismissal.<\/p>\n

Failing a drug test<\/h2>\n

If an employee fails a drug test, the employer’s response is often dependent on several factors like:<\/p>\n