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UK: Alert for bosses over softer cannabis policy

This Is Leeds

Monday 24 Sep 2001

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IN LIGHT of the current debate on the case for decriminalising cannabis,
employers will have to be aware of any softening of Government policy, a
Yorkshire lawyer has warned.

Elizabeth Henry, an employment law specialist at solicitors Last Cawthra
Feather, says research has shown that problems at work caused by alcohol
and drug use are on the increase and now cost British industry £2.8bn a
year. This will have an impact on the way employment tribunals are likely
to take account of the way the law develops surrounding the use of drugs
such as cannabis, she argues.

She said: "In light of any changing attitudes, tribunals will have to
question whether an employee's use of the drug amounts to grounds for
dismissal. In all disciplinary situations employers have to thoroughly
investigate any alleged misconduct and consider carefully the action, if
any, to be taken in order to act in a reasonable way and to avoid claims
for unfair dismissal. All circumstances must be taken into account. If the
Government decides to soften its approach on cannabis legislation, an
employee's involvement with the drug may not justify dismissal.

"If the offence does not take place on company premises and does not
involve health and safety or performance issues at work, to establish if it
is reasonable to dismiss that person may depend on whether the fact of the
offence is likely to seriously affect the reputation of the employer's
business."

She added: "In the current changing climate surrounding the case for
decriminalising cannabis, employers will need to think very carefully
before taking action to dismiss an individual. If employers have a clear
and reasonable substance abuse policy that employees are made aware of, it
would be difficult for staff who have been sacked for breaching this to
successfully claim an unfair dismissal.

"A carefully drafted substance abuse policy could therefore make an
otherwise unfair dismissal fair."

 

 

 

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