Can an employee be dismissed as a result of a positive drug test?
Again this will all come down to what is contained in the employment contract and staff handbook. In general, employers have wide discretion under contract to determine what kind of matters will result in disciplinary action and what the sanctions will be. However, if an employer dismisses someone, this may also bring into play the provisions of the Employment Rights Act 1996 and the law protecting employees with at least 12 months’ service from unfair dismissal. Anyone who has been employed for less than 12 months cannot bring an action for unfair dismissal. Employment law experts giving evidence to Joseph Rowntree’s ‘Independent Inquiry into Drug Testing in the Workplace’ (2005)1 commented that it is highly unlikely that an Employment Tribunal would feel that a dismissal was unfair if there were evidence that drug or alcohol use affected performance at work, particularly if there were health and safety considerations. For a dismissal in these circumstances to be fair, it would probab
Related Questions
- If a terminated employee files for unemployment compensation benefits, may I inform the adjudicator that the employee was terminated as a result of a positive drug test?
- In my policy, can I state that I will terminate an employee after the first positive drug test result yet after the second positive alcohol test result?
- If an employee is taking a prescription medication, will they test positive on a drug test?
