MY RIGHTS: Drug test one week = pass. week later, refuse to do... UK, England.

[EnglandLoyal]

Hey people,

So last Friday 28th of November I had a saliva test (OraTech) and passed (which was expected). Anyway a week later today, Friday 5th of December I (apparently) am randomly selected for another test. I refused this test, and am now suspended. I am claiming "discrimination". I do not work with heavy machinery, or any kind of vehicle.

My kind of question is what are my rights? I've already passed and there's 40 odd employees where I work (some of which operate machinery, or large vehicles). I have refused to do it (and I'd have passed), but I was fuming to be asked again and made a stand. What are my rights? This is blatantly an excuse to get rid of me, they say it's random but I believe it isn't (and have other cases, which in my mind, might suggest I am right).

Can anyone tell me where I stand? I've looked online, but maybe someone who's been through it before could help? In retrospect I should have done it, but I actually feel I've been singled out for these tests now.

Any help, comments would appreciated. Am based near London.

Cheers,

 

[ponch]

I imagine this is less to do with UK employment law and more to do with what is written in your contract.of employment. I'd hazard a guess at there being something in there about being able to terminate the employment of anyone refusing a drugs test. Do you work in construction?

 

[EnglandLoyal]

No. But I passed a week ago...

UK drug testing:

Employers should:

• limit testing to employees that need to be tested
• ensure the tests are random
• not single out particular employees for testing unless this is justified by the nature of their jobs

Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.



It's not random as I got tested last week (and passed). At no point did I ever need to be tested, and I have obviously been singled out (unless they can prove that I need to be tested 2 weeks in a row)...

thoughts?

 

[da man]

nothing random about beiNg tested 1 week after passing, did any 1 else get random tested this week or just you. And unfortunately mate i dont think u have much of a case, if they wanna fuck u they can. FUCKING CAMERONS BRITAIN

 

[Jackal]

^Or it could be perfectly random.

 

[Ismene]

Was it likely you might've tested positive the second time england or was it simply a moral stand? I don't know how it works legally.

 

[ponch]

I think you will have a hard time convincing any legal body that 2 tests in a row is not random, 3 or 4 then you may have a case. The likelihood of being picked randomly twice in a row is probably higher than you would think.

 

[Dark Side]

So unlucky i would just point blank refuse to work with a bunch of uptight cunts, i bet they all got wankered in the weekend.

 

[felix]

Well, if they maybe suspected you of being a druggie before, they definitely do now.

If you would have passed the second test, I can see no reason to refuse it except to needlessly become a martyr and paint a target on your head. Us druggies need to keep our heads down below the radar and play the game.

I imagine this is less to do with UK employment law and more to do with what is written in your contract.of employment. I'd hazard a guess at there being something in there about being able to terminate the employment of anyone refusing a drugs test.

In this day and age, I'd suggest that the above is the most relevant issue, not employment law. But good luck anyway...

 

[Jackal]

Whether or not we agree personally with workplace drug testing is pretty much by the by. You can either work for a place that has a drug testing policy or not. But if you do work for a place with testing you gotta suck it up.

One of my good friends gets breathalysed every day on his way into work and can be subject to a piss test at any time. He's the biggest mess head I know, but not from six weeks before the beginning and until the end of his contract. Got to pay for play sometimes.

 

[Erikmen]

Job should come first. Or what are you going to do?

 

[black kat]

I might be off here,but you didnt tell us if you could actually pass the 2nd test,if you had taken it that is..?

Could it be possible that you used a substance and something in your appearence made them suspicious?

Im not implying anything here,im just saying,a buddy of mine was fired because he refused repeatedly to take the tests-but thing is,he was IVing heroin every afternoon and thought that nodody could tell,but believe me everybody could.He went into these random nods,he had pin point eyes all the time,talked slow/slurred etc.

You sure you didnt arouse any suspicions?

 

[ScotchMist]

In my experience of drug testing at work its basically used and abused to get rid of deadwood or people who have fallen out of line.

Unfortunately the contract that you probably signed has them in the winning position.

I cant see them having to prove that two weeks on the bounce wasnt random out of a staff of 40.. its perfectly possible even if it doesn't seem fair...

I walked out on a job because of a drug screen, i was most definitely going to fail on a fair number of substances so instead of muddying my name i went down the "this is bullshit and an invasion of my privacy route"...

 

[pinkpapaver]

Well, if they maybe suspected you of being a druggie before, they definitely do now.

If you would have passed the second test, I can see no reason to refuse it except to needlessly become a martyr and paint a target on your head. Us druggies need to keep our heads down below the radar and play the game.



In this day and age, I'd suggest that the above is the most relevant issue, not employment law. But good luck anyway...

that's the one. as in any job for any people. work certainly is a four letter word.

 

[growit&smokeit]

Have you been at work high or let slip to the wrong person you did drugs?

 

[itsonlyme123]

Are you a union member? Can your employer prove you were randomly selected? How does the selection process work etc

 

[Erikmen]

This is very sensitive. Why would you be selected. Did you give them reasons for them to suspect about your behavior?

 

[Dark Side]

People always assume i smoke bud, he might be like me. People just assume and judge these things.

 

[tjeff]

thoughts?

It may come down to whether your employer has explicit terms in your contract of employment (your health and safety or disciplinary policy may have details, they may have been incorporated into your contract). If they do have explicit terms in your contract of employment then they are within their rights to discipline you for failing to take the test.

If there is no explicit term in the contract then they may well have committed what would be called a repudiatory breach of the implied term of trust and confidence. There may be a discrimination angle as well (what basis are you alleging discrimination? It has to be based on one of the classes of "protected characteristics", i.e. race, gender, sexuality, disability status etc); do you possess one of those protected characteristics and has your employer treated you differently to your colleagues?

<snip>

Please post the additional details, very happy to help (I'm a trade union official, also studying law). One detail that is very important is how long you have been employed there. If you have been there for less than two years then you are not protected by unfair dismissal laws (you need longer than two years continuous service to accrue unfair dismissal protection. However where it involves unlawful discrimination etc then the protections kick in day 1 of employment).

 

[Josh]

My memory of statistics is a little hazy, but I'm pretty sure that if there 40 employees and they randomly test one person a week, then your likelihood of being tested is 1/40, every week. It doesn't get any less likely if you were tested the week before. Sure, the probability is much lower, but the likelihood remains the same.

Statistics can be weird. Try writing down the outcome of an imaginary coin toss 100 times as you imagine it, then try tossing an actual coin 100 times, and see how many runs of heads and tails you get which are longer than 8, 9 or even 10. Random can often look much less random than the pseudo random humans create.