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Drug and alcohol testing in the workplace — key considerations for employers

Richard Barker

The Lawyer

Monday 08 Sep 2014

Drug and alcohol testing in the workplace can be problematic for employers, particularly when considering the level of sanction to apply where an employee is ‘caught out’. The recent case of Kuehne+Nagel Ltd v Cosgrove considered the issue.

Ms Cosgrove worked as an operative at one of Kuehne+Nagel’s (K+N’s) warehouses. On 18 October 2009, K+N received a tip-off that Ms Cosgrove had been smoking cannabis at a party a couple of days previously. K+N therefore requested that Ms Cosgrove take a ‘for cause’ drugs test under its substance misuse policy, which she consented to. The policy set out that a positive test alone could be considered a gross misconduct offence resulting in dismissal without notice.

The on-site test produced a positive result for the presence of cannabis within Ms Cosgrove’s system and she was suspended pending the results of a second test. The subsequent laboratory test (designed to eradicate any rogue on-site results) also produced a positive test and Ms Cosgrove was therefore invited to a disciplinary hearing to face a charge of being under the influence of cannabis while at work…

Click on the link below to read the rest of the Shoosmiths briefing.
http://www.thelawyer.com/briefings/drug-and-alcohol-testing-in-the-workplace-key-considerations-for-employers/3025483.article#login_subscribe

http://www.thelawyer.com/briefings/drug-and-alcohol-testing-in-the-workplace-key-considerations-for-employers/3025483.article

 

 

 

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