Kenneth Ball v First Essex Buses Limited Posted In: Case Law
Case ReferenceCase Number: 3201435/2017
Legal BodyEmployment Tribunal (ET)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues, Policies and Procedures
The claimant worked as a bus driver for over 20 years. He was required to take a random drugs test which he failed after testing positive for cocaine. He had returned from a busy shift where he had handled a lot of cash. As a diabetic, he said the substance entered into his system through his fingers which were bleeding due to needle checks on his blood sugar. He was dismissed and contended that the decision was both procedurally and substantively unfair.
Firstly, he argued that the drug test was not in accordance with the European Union laboratory guidelines. Further, the failure of his employer to consider the results of 2 hair follicle tests, both of which proved negative for cocaine,
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