A recent employment tribunal case involving First Essex Bus Limited found that a bus driver was unfairly dismissed for gross misconduct after failing a routine drugs test. The tribunal felt that the employer’s investigation and approach was outside the range of reasonable responses.
The tribunal also noted that the characterisations of gross misconduct was incorrect and found the dismissal to be wrongful.
This case illustrates that employers should be cautious in how they treat drug test results as it is not simply “black and white”. The lack of common sense in the employers draconian approach to their drugs policy was not acceptable.