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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There I have just been informed today I failed a drug

Resolved Question:

Hi there
I have just been informed today I failed a drug test at work for amphetamines, I'm a supervisor in the power industry , the thing is I know I haven't taken any drugs so shouldn't have failed the test, I've asked for a retest or a blood test to be done as I know I'm clear but since I work for an agency the company won't go any further with it and have now asked me to leave . I work for Amec through Vital the agency who all work under contract on Scottish power substations , I feel I need to do something about this before Scottish power revoke my tickets for the power industry, can you please advise me thanks.
Kind regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is there a policy on drug testing at work and have they followed it, also what has your employer (the agency) said they will do as a result?
Customer: replied 2 years ago.
Hi Ben I'm still waiting on my agency getting back to me , Amec and Scottish power have zero tolerance policies in place
Expert:  Ben Jones replied 2 years ago.
So I presume that Scottish Power have the final say in a way - without their consent you cannot find work through your agency?
Customer: replied 2 years ago.
Yes totally if Scottish power revoke my tickets no work for me anywhere on SP or Iberdrola sites
Expert:  Ben Jones replied 2 years ago.
Your position is somewhat vulnerable because you are not able to force the employer or Scottish Power to conduct a new test to determine your innocence. As far as they are concerned you are just an agency worker, they have no obligation to employ you or offer you any work or access to work and they do have the power to stop issuing you with tickets to work on their premises.
Legally, you do not have the right to force them to let you work. They can prevent that if they wanted to, even if it was based on inaccurate facts or even false allegations. Just as any employer does not have to employ you if they did not want to, even if you have done nothing wrong. The only times this may be an issue would be if their decision was based on discriminatory grounds, such as due to your age, gender, race, religion, etc. However, the failure of a drugs test is not a discriminatory reason so would not be covered by these exceptions.
Therefore, all you can do in the circumstances is to plead with the relevant parties to try and prove your innocence. Sadly you cannot force them to and if they really wanted to they could use the results of the initial drugs test to make a decision. Hopefully they would realise their moral obligation to trey and allow you to show that you have done nothing wrong but this is just a moral position – not a legal one. If they are not prepared to do that then legally you cannot force them to, although I would hope they are fair to you in this case.
I hope this has answered your query. Please take a second to leave a positive rating, 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
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