“Drugs and Alcohol”
Employers are increasingly rarely likely to turn a turn a blind eye to drug and alcohol abuse. Even where consumed away from the workplace, the employee may still have the substance in his system. A recent case looked at when dismissal for off-site use is justified and the legality of random testing for the presence of such substances.
The employer introduced a policy involving randomly screening 10% of its workforce each year and to summarily dismiss those testing positive. An employee, whose job including serving hot food, was randomly selected and tested. She was duly dismissed and claimed that such dismissal was unfair.
The tribunal was also asked whether random testing is lawful under the Human Rights Act.
The tribunal concluded that random testing forming part of the contract of employment was binding on the employee. She had continued to work after the policy was introduced without complaint and it was evident that her duties could be safety critical. The tribunal considered random testing to be an appropriate measure in such a case and the dismissal was considered a reasonable response to the positive finding. The tribunal also decided that random testing is acceptable under the Human Rights Act if it is conducted lawfully and in the public interest.
Points to watch – The tribunal considered it important in reaching its decision that the employee was made fully aware of the policy and knew of the consequences of a positive finding.
It is possible that in certain circumstances charges may be brought against an employer or an employee under either the Misuse of Drugs Act or the Health and Safety at Work Act or both. It would be up to the courts to decide on the circumstances in each case. There is no general duty under the Act to inform the police about any breaches of the Act that you may discover.
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