Worker dismissed after failing drug test was unfairly dismissed

Despite successfully arguing his case for unfair dismissal, Glenholmes left the tribunal empty-handed, as the judge, Employment Judge Martin Brewer, decided to reduce his basic and compensatory awards to zero. Judge Brewer attributed this decision to Glenholmes being "entirely to blame" for the dismissal, emphasizing that he had consumed tea from South America without investigating its contents or considering potential risks.

The Facts - Paul Glenholmes -v- Network Rail Infrastructure

Paul Glenholmes started working for Network Rail Infrastructure on 14thJuly 2014 in a Health and Safety critical role, dealing with track safety. The tribunal heard that Paul was prescribed medication for a disability. This medication caused indigestion which he alleviated with Mate Herbal Tea (sold as Tea of the Incas).

As is routine in his job role, he was subjected to a drugs and alcohol screening test on 24th September 2020. Paul tested positive for benzoylecgonine, which is a component of cocaine, that is commonly looked for in urine to establish cocaine drug abuse. 

As a result, Paul was suspended on 30 September 2020 and an investigation followed. The investigation report recommended a disciplinary hearing. However, Paul provided a sick note citing “stress at work” and submitted a grievance regarding the handling of the case. 

Paul requested a retest of the urine sample originally provided which confirmed the initial result. After being told of the disciplinary hearing in April 2021, Paul was signed off work until February 2022 having suffered a mental health crisis. The eventually held disciplinary hearing confirmed a conclusion that Paul was to be summarily dismissed  on 12 July 2022. Paul appealed but the decision as upheld. 

The Tribunal’s decision

The Employment Judge commented that the dismissal was entirely the claimant’s fault for failing to research the ingredients of the herbal tea. The judge found it just and equitable to reduce the claimant’s compensatory award to nothing for contributory conduct. 

Although Paul also claimed that the disciplinary hearing was procedurally unfair, this was dismissed by the Employment Judge. The judge concluded that if the procedure had been conducted correctly, Paul still would have been dismissed and perhaps sooner.

Commentary

This legal saga underscores the complexities that can arise in employment disputes, where procedural fairness and individual responsibility play crucial roles in determining the outcomes of such cases. 

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