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Cannabis Campaigners' Guide News Database result:
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UK: Human rights victory for the chef sacked over cannabis
Daily Mail
Thursday 22 Feb 2001 Thursday, February 22, 2001 Human rights victory for the chef sacked over cannabis By Kate Hurry A CHEF who was sacked after being caught with drugs out-side his place of work has won his claim that he was unfairly dismissed. Robert Wilson, 21, used human rights legislation to successfully argue that his personal rights had been infringed. An employment tribunal ruled that the David Lloyd leisure club in Ellesmere Port, Cheshire, was wrong to fire him. Chairman Elaine Donnelly said dismissal Mr Wilson had contributed to his dismissal by just one third and awarded him compensation of £175 - a week's pay. She added that the David Lloyd management had a right to be concerned about the impact of drugs on a health club but should have let Mr Wilson off with a formal warning. The case is thought to be the first in which the Human Rights Act has been successfully used at an employment tribunal to separate a person's private and work life. Mr Wilson, 21, had finished a shift last July was in a car park oppo- site the club, when security guards found him with the class B drug cannabis, the tribunal in Liverpool was told. There had been 'management con-cerns about drug abuse among staff'. Police were called and Mr Wilson was arrested. The chef, who earned around £9,000 a year was suspended and three weeks later, following an official police warning, was sacked. At the tribunal, lawyer John Littler argued that Mr Wilson's human rights had been breached He said that under Article Six, which outlines the right to a fair trial, his client's employers should not have questioned him about the matter while police were investigating. After the case Mr Littler an employment law specialist, said: 'Employers should not interview an employee until police have finished their investigation. 'If they do the employee is prejudiced because he is being forced to divulge information which could be passed on to the police. This would contravene his right to silence.' Mr Littler added that his client was considering appealing against the tribunal decision that he contributed to his dismissal. A spokesman for David Lloyd - owned by the Whitbread chain - said last night: 'Mr Wilson was sacked for bringing the club and the company into disrepute through his involvement with cannabis. 'It seems the tribunal did not criticise us for dismissing him but for questioning him while the police investigation was under way. 'He won on human rights legislation which only came into -place last October.' Critics have warned that the legislation - dubbed the 'complainers' charter' - will boost the spiralling 'compensation culture' which currently cost the taxpayer almost £9billion a year. The British Chamber of Commerce said: 'Employers face significant costs at tribunals. 'This illustrates the need for more clarity for employers on the impact of the legislation, which appears to be a minefield.' Last year almost 120,000 applications for tribunals were made by employees - a record. k.hurry@dailymail.co.uk
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