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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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someone at work was randomly selected for a breathalyser test

Customer Question

someone at work was randomly selected for a breathalyser test when he arrived for work this morning. He is a bus driver and he failed the test. Does he have any grounds to fight dismissal?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long has he worked there for?
Customer: replied 4 years ago.

6 or 7 years

Expert:  Ben Jones replied 4 years ago.
is there a policy ion breathalysing in the workplace?
Customer: replied 4 years ago.

yes it is known that these tests are occasionally carried out. He is under a lot of stress as his marriage has just broken up and did not appreciate how long alcohol stayed in the system from the previous night

Expert:  Ben Jones replied 4 years ago.
what does the policy say about dismissal?
Customer: replied 4 years ago.

states that you will be brought to a disciplinary hearing for gross misconduct which can be a dismissable offense, does not say failing a test is a dismissable offence

Expert:  Ben Jones replied 4 years ago.
So he agrees that he was over the limit and agrees that there is a policy that states random tests can be carried out and may result in dismissal? Why do you believe he should not have been dismissed?
Customer: replied 4 years ago.

I don't necessarily believe that he should not be dismissed, he was very foolish, but given his personal circumstances at this time l hoped that there may be a chance of a final warning, anything, rather than dismissal