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 and Grievance, 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,

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This article is correct at 22/11/2018

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.

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