LEADER

摘要

AN employer undertaking workplace drug and alcohol testing must act fairly and follow a robust policy. The employer needs a good reason for asking an employee to take a test - being intoxicated while in a safety-critical role, for example - and should tread carefully before dismissing an employee who refuses. It should take account of an employee's explanation for refusing a test, and any medical evidence. A case from the Employment Appeal Tribunal is a good illustration. In Chivas Brothers v Christiansen, it upheld an employment tribunal's decision that an employee with a mental health disability had been unfairly dismissed for alleged gross misconduct after refusing a drug test, and had been discriminated against under sections 15 (discrimination arising out of disability) and 20 (duty to make reasonable adjustments) of the Equality Act 2010.