The law on drinking and driving is well known. However, the rules apply just as much to driving under the influence of drugs. Companies are responsible for their employees and may need to test for compliance, but they need to follow a fair process when doing so. Chloe Themistocleous, an associate in the employment department of Eversheds Sutherland, explains
Kenneth Ball, a bus driver that suffered from diabetes and had over 20 years’ service, was dismissed in July 2017 after testing positive in a random drugs test conducted by his employer, FirstGroup in Essex, in accordance with its drugs and alcohol policy. Kenneth always denied the allegations and said he was shocked by the results, as he had never voluntarily taken any drug – nor would it be safe for him to do so due to his diabetes. He was therefore adamant that there must be an alternative explanation for the positive test result. […]
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