Kenneth Ball v First Essex Buses Limited [2018]

Posted In: Case Law
  • Case Reference
    Case Number: 3201435/2017
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline, Policies and Procedures
Issues covered: Wrongful Dismissal; Random Drug Testing; Fairness of Procedure; Reasonableness of Investigation; Band of Reasonable Responses

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,

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 22/11/2018
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

View all articles by John Taggart BL