drug testing on site

[kendor]

poor lad

To be quite honest I haven't got a clue what you are blathering about. Are you on drugs?



joe

too young to understand

 

[JohnD]

Stop watching this topic

 

[Big_Spark]

No I'm not on the dole.

Btw, why do you think unemployment is a joke? I'm sure some in the forum are on the dole.



joe

Glad to hear your not Joe...but I never said Unemployment was a Joke...Only you..well the butt of one anyway.

 

[masona]

my employer has a no alchohol or drugs policy if using machinery understandably but i've not heard of compulsory drug tests at work before and wonder how it could be enforced as without legal precedence it could be seen as an infringement of your human rights, what can they do if you refuse, sack you?

I suppose it's no difference from drugs or drink and driving, we can't refuse the breathalyser on the roadside or can we?

 

[Big_Spark]

Masona, Yes under certain circumstances, Astmatic and others with medical conditions can, however they must submit a Urine or blood sample..but not at the roadside I hope!!

 

[kendor]

but im unaware that it has become part of the employment act? is this the case now Mas?

 

[Big_Spark]

but im unaware that it has become part of the employment act? is this the case now Mas?

I think if it is in your terms and conditions when you take up the employment, you have no argument, howveer if it is introduced AFTER your employed and you have not signed to agree to it, it would be illegal for your employer to take action against you for refusing.

However, if your in an industry that carried a higher risk, and being under the influence of drink or drugs would be extremely dangerous, then I think most sane people would agree to it IF it was for a good reason, not simply to fit some silly policy.

 

[petewood]

I think if it is in your terms and conditions when you take up the employment, you have no argument, howveer if it is introduced AFTER your employed and you have not signed to agree to it, it would be illegal for your employer to take action against you for refusing.
.

That's exactly what I thought at first, but then it ocurred to me that if it became a health and safety issue (and I'm sure most employers could make a good case for this), then the law would lean on the side of the employer.

 

[Big_Spark]

I think if it is in your terms and conditions when you take up the employment, you have no argument, howveer if it is introduced AFTER your employed and you have not signed to agree to it, it would be illegal for your employer to take action against you for refusing.
.

That's exactly what I thought at first, but then it ocurred to me that if it became a health and safety issue (and I'm sure most employers could make a good case for this), then the law would lean on the side of the employer.

I think the employer would need to present a very doog case to justify it, and certainly an Accountants or something of this type would find this very difficult. Obviously in certain industries, such as construction, wharehousing and heavy industry then the argument would very simple...

 

[kendor]

I can understand what you are saying about the terms and conditions and most application forms ask questions on any health issues but the crux is doing random tests against your will, if you refuse can they then sack you? does it become "Gross misconduct" immediately? is there a procedure that must be followed if you refuse, say written warnings?

I suppose although football for example is a game governed by the FA's rules they have powers to suspend players who refuse such as Rio Ferdinand was and although a game he is an employee as such so i suppose he could in theory have taken the case to court for infringement of his rights but either was unable to because as you say it's basically contract law or he did really have something to hide?
tricky one, where's our resident solicitor? mustapha!

 

[joe-90]

where's our resident solicitor? mustapha!

He ran off when I pointed out that he didn't understand how the CPS operated.



joe

 

[kendor]

Perhaps being a solicitor he's loath to giving out FREE advice!

 

[scatmanjohn]

joe-90 wrote

He ran off when I pointed out that he didn't understand how the CPS operated.

Blimey. Is there owt you don't know

 

[Big_Spark]

where's our resident solicitor? mustapha!

He ran off when I pointed out that he didn't understand how the CPS operated.



joe

Yet more of your misinformed fantasies Joe...your such a fool...

 

[AdamW]

He ran off when I pointed out that he didn't understand how the CPS operated.

Surely that proves he's in the profession?

(Hope my lawyer sister doesn't read this forum! )