Warehousing / Distribution
MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992 (AS AMENDED)
The regulations impose a duty on all employers to carry out a formal assessment of risks so as to identify any protective measures necessary. Where there are five or more employees this assessment must be in writing. In addition, there must be arrangements for the effective planning, control, monitoring and review of preventative and protective measures required. Again, these regulations are widely drawn and may include an employee who is under the influence of drugs or alcohol at work since this could be seen as a risk to other employee's health and safety. If appropriate steps are not taken to deal with the risk for example implementation of an effective drugs policy an offence could be committed.
Drug related dismissals are currently more likely to be treated as a conduct issue. This may be due to the fact that most incidents involve cannabis, which is not generally considered to be 'addictive'. An employer who has disciplinary rules regarding drug taking at work is in a much better position when justifying dismissals. The effect of the rule is to act as a substitute warning as long as the rule has been properly communicated and the effect of the consequences made clear.
Loss of Driving License
Loss of a driving license may be a potentially fair reason to dismiss if the employee is required to drive as part of their duties. It is far easier to establish a fair reason in such cases where the employer has stated in the contract that driving is an essential part of the job and that employment is conditional on the employee having a license. The employer must still consider whether the employee can reasonably carry out hid duties in some way, for example by use of a driver or public transport.
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