A law firm which offers more

Call us: 0113 246 0622

Drug Testing At Work

Comments

If you have a valid reason for doing so, you can carry out alcohol and drug testing at work. However, employees must know that this could happen, the drug testing at work must be carried out by someone specifically qualified to do it and the person interpreting the results must have the necessary skills.

In Chivas Brothers Ltd v Christiansen [2017] the employee worked for a distiller and distributor of alcoholic drinks, which (as part of their health and safety policy) carried out random alcohol and drugs testing on employees if they thought it was necessary.
The employee in question suffered with depression, which the distiller knew about. He was taking medication for his depression, fell asleep at work and argued that this was because of the medication. However, the employer asked him to take a drugs test and he refused. He was asked again and refused again, and was dismissed.

His claim of unfair dismissal was successful. The employer had conceded that the employee posed no health and safety risk. He had given his employer a valid reason for falling asleep, and supplied medical evidence to support his position. The employer had not had regard to this when considering his refusal to take the drugs test and the medical documentation which the employee had produced had been ignored.

Actions:

Take medical advice before using the results as a basis for dismissal.

If you have any questions regarding this blog please contact Sarah Tahamtani on sarah.tahamtani@clarionsolicitors.com

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.