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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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the results of a random work drugs test has been made

Resolved Question:

the results of a random work urine drugs test has been made public knowledge to all my colleagues is this ok or should i seek further advice
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What were the results and how has their release affected you in the workplace! Please note due to the time I am due to go offline now but will respond first thing in the morning,thanks
Ben Jones :

Hi, not sure if you saw my initial query yesterday - What were the results and how has their release affected you in the workplace?

Customer:

they were positive, and i can not go back and face them now, plus one was a close family friend and now i am worried my family will find out

Expert:  Ben Jones replied 2 years ago.
How long have you worked there for? Also there is no need to leave a negative rating, I have not even answered your question yet...
Customer: replied 2 years ago.

i have not worked there long only 3 weeks,

Expert:  Ben Jones replied 2 years ago.
You may certainly claim that this was a breach of data protection regulations because it is personal data about you from which you are identifiable. It could also amount to a breach of trust and confidence on their part. You may wish to raise a grievance with the employer over this and this would result in an internal investigation.

However, in terms of getting something out of this, you would not be able to do so unless you can show you have suffered some actual losses as a result. The courts would not compensate you for inconvenience or embarrassment caused by this and you must show that actual losses have been incurred. If that is not possible then you cannot really make a claim against the employer and you would be limited to the internal grievance complaint.

I hope this has answered your query. Please take a second to update your rating and leave a positive one as I have always responded as soon as you have posted something, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

i don't want any thing out of this, in fact due to my information been told the the whole office after i had left, leaves me with no choice but to leave, i feel i can no longer work there, but because they seem to have no regard for my right to privacy, i am worried this will always follow me around, plus the way the whole test was connducted leaves something to be desired, i was told it was a sobriety test, and the test would only show if i was under the influence of drugs or alcohol at that time which was fine as i am never under the influence of anything before or during work, but it now transpires that it is a test to see what is in my system, i feel lied to and i feel completely violated.


 


also will this affect my chances of getting another job, as i have worked all my life without any problems and i would like to keep working, and i feel this whole mess will ruin my life and future.


 


and you will be reciveing positive feed back the only reason i clicked negitive last time because i recived an e-mail stateing i have to and at that point i had no answer, and i must have mis read the e-mail for this i apologise.


 


 


 


Expert:  Ben Jones replied 2 years ago.
Hi, no problem about the earlier rating, thank you. The way you appear to have been misled about the testing is again a data protection issue but not one you can pursue without having suffered losses. Whilst you were unfortunately forced to leave because of this, it would usually amount to constructive dismissal but not unless you have had at least 2 years’ service with them.

In terms of future issues in relation to this, there is no central system on which this would be stored and where future employers can access it to check. The only potential time it would happen is if the employer provided you with a reference which mentioned that. However, you can try and avoid using them as a referee – you only had 3 weeks with them so it should hopefully not be an issue to rely on previous employers for references and miss this one out.
Customer: replied 2 years ago.

well actually, i have an amazing refrence from the army, which i had just left, with a perfect record, the only reason cannabis was in my system was because of a 'space cake' i am suffering with a stomach ulcer and in aggony my friend offered me one i did not know it was full of cannabis he said it might make me feel beter, it did help with the pain but its not now! but that is by the by.


 


thank you for your help, i was worried i had ruined my life though a stupid mistake i think i may sleep tonight knowing its not.

Expert:  Ben Jones replied 2 years ago.
you are most welcome, hopefully that would be the end of the matter and it won't affect you again in the future - as mentioned just don't rely on them as a reference and it should be ok
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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