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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48165
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben i lost my job 4 years ago after failing a drugs test

Resolved Question:

hi ben i lost my job 4 years ago after failing a drugs test worked with the compan networkrail for 27 years,it was my own fault silly man but had a lot of prblems in my life at the time,networkrail said the best thing to do was resign which i did even after addmitting i had drug problem before the the test anywaythey bannedme from working in the industry for 5 years but i have been told by high up union officals that i will not get a job back with them as nobody has ever been started back after a d+d test,how can they legally do this and whats the point of the ban human rights ?.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Unfortunately they are entirely within their legal rights to refuse to employ you either for a fixed period or ever again. This has nothing to do with human rights – it is not a human right to be given a job with a specific employer. In fact employers have the right to choose who they want to employ and they are perfectly entitled to decide not to employ someone for more or less any reason, as long as it is not discriminatory. This would include things like gender, age, race, religion. However, none of these apply to you so there is clearly no discrimination at play here. Their decision is based on your previous record with them and this is something they can take into account and use in their decision not to employ you. Even if you had done absolutely nothing wrong, were a star employee and the nicest person that exists, they can still refuse to employ you for life if they wanted to – it is their prerogative as an employer. They do not owe you a job and they can decide whether to employ you or not. So I am afraid in this case they have the right to decide whether to ban you from working with them ever again and you cannot challenge this unless you can show that it is based on discriminatory grounds, such as because of your gender, your race, religion, etc, which sadly do not apply here. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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Customer: replied 2 years ago.

thankyou very much and i know where i stand with a year of my ban left out of 5 i will try for rempolyment with them you never know,but the way i look at they are discrimanating against addiction thanks