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Ben Jones
Ben Jones, UK Lawyer
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Is it illegal company to test me twice in

Resolved Question:

Is it illegal for my company to test me for drugs twice in 3months?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I'm am a scaffolder working in London and I failed a drug test a month ago, I smoke cannabis and I know it takes 90 days to clear my system, I have now stopped hoping to pass my next test, my company has ordered a drug test for this Thursday is it illegal for me to do the test when I done this a month ago and the cannibas will still be in my system
Expert:  Jo C. replied 1 year ago.
Sorry I thought you were referring to criminal illegality, this is more of an employment issue, I will pass it on to a colleague, he will reply shortly
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law.
What does your contract or a relevant policy say about the employer’s ability to test you and he frequency? Also how long have you worked there for?
Customer: replied 1 year ago.
The company policy says random drug test. I have been on the company over 6 years
Expert:  Ben Jones replied 1 year ago.
It is not illegal for an employer to test you twice within a set period of time. The law certainly does not state how frequently an employer can test an employee. It is possible for someone to be tested again shortly after having been tested once, or for there to be a long gap between tests. So if you are looking for something which says that one tested the employer should allow enough time for it to leave the person’s system, then I am afraid there is nothing like that in law. Your rights will very much depend on the policy which exists in relation to drugs testing as it will define what the employer can and can’t do. If they simply state they can do random drug tests and no details given of how frequently, then you could be subjected to a test at any time, regardless of how long it was since the last one. Of course you cannot be forced to provide a sample as that is your legal right, but if you withhold it then the employer could get suspicious and could make a decision based on why they believe you may have withheld it. I suggest you discuss the second test with them and make it clear that whilst you have not done anything since the test, it may still be in your system from the last time and as such it would be fair to allow slightly longer to ensure a fair representation is achieved. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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