Apr 14

Unfair Dismissal or Wrongful Dismissal from a Drug Test?


Have you been unfairly dismissed as a result of a drugs test at work? Has there been some kind of mistake with your workplace drug screening or have the drug testing results been misinterpreted?

If so, the friendly experts at Drug-Aware Ltd are here to help. As a company we are industry experts in drug and alcohol testing, drug awareness, laboratory testing and employment law relating to drug and alcohol screening. More importantly, we represent the truth.

We are able to cater for both employees who have tested positive on an employee drug test (and believe there to be some kind of mistake), and employers looking to substantiate legitimate and genuine test results.

Whilst it is very rare, (the analytical part of the process is generally correct), workplace drug testing results can be misinterpreted. Equally, the chain of custody process can be mishandled or broken, leading to weaknesses in the process which can cause it to be overturned at appeal or tribunal.

As experts in the field, we are able to analyse every aspect of the chain of custody process, and the results obtained from it, and provide expert evaluation in the form of an expert witness report.  This can then be used in your case.

We have well over a decade of experience in this field, and our results speak for themselves:

Case example #1:

We were contacted by a union representative on behalf of a member of staff who had tested positive on a saliva drugs test for both methadone and cannabis. The member of staff strongly denied this and was certain there had been some kind of mistake. Our experts discovered that the independent nurse who was contracted in to carry out the testing did not wear gloves, the swabs used were not individually sealed and were out of date, and the methadone level detected in the sample was several times greater than would ordinarily kill a person. A subsequent evidential hair test, covering a time period coinciding with the saliva test, confirmed the individual had no drugs detectable in his system.  This, combined with the almost certainty of contamination, meant that the employee was reinstated and received all back-pay due.

Case example #2:

An individual contacted us having been dismissed after their workplace drug screen showed a positive result for opiates. The sample was sent off to a laboratory for a full GC/MS confirmation test which concluded that indeed, low levels of morphine were detected. Unfortunately, the employer did not have the test fully explained to them, so they terminated the individual’s contract.

Having fully evaluated the process and the laboratory results, the experts at Drug-Aware Ltd determined that the low levels of morphine detected were consistent with poppyseed intake. A test for 6-MAM (6 monoacetylmorphine – a breakdown product you only get from illicit drug use such as heroin) had been carried out, was found to be negative, but had not been reported. A sample B analysis confirmed that the initial analysis was indeed correct, but the interpretation by the employer had been wrong and the employee should not have been sacked as a result. The analytical findings were consistent with dietary intake of poppy seeds. In this case, Drug-Aware Ltd achieved a full reinstatement for the employee, along with four months’ back-pay for the employee.

We win over 80% of our cases! Call us on 0845 900 2755

In both of these cases, as soon as the unfair or wrongful dismissal was brought to our attention, we were able to provide sufficient documentation to have the employee reinstated as part of an appeals process within the organisations in question. These case examples didn’t even have to go to employment tribunal.

So if you have lost your job due to anything drug or alcohol related and believe there has been some kind of mistake, get in touch to see if we can help you. We are not a law firm attempting to gain compensation, but we are in the business of exposing the truth and correcting wrongful or unfair dismissal.

Contact us on 0845 900 2755 today for free advice from a friendly expert (or just e-mail us). The initial assessment of your case is free of charge, and any work or reporting necessary for your case will be quoted for before any work is carried out.  Better yet, our rates are very reasonable. We look forward to hearing from you and being of service.

Get in touch with us today!


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