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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48539
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like some information on how to appeal against a pre

Customer Question

i would like some information on how to appeal against a pre employment failed drug test
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you provide some background information so that I can advise? Thank you

Customer: replied 1 year ago.
had a urine test on the friday but had dental surgery on the wednesday and its come back as a fail for benzocaine
Expert:  Ben Jones replied 1 year ago.

OK thank you. Please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
i have 2 email address you can contact me on this email address which is my mum's or my email address which is marcus***@******.***
Expert:  Ben Jones replied 1 year ago.

OK thank you. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. From a legal perspective you would not have the formal right to appeal the results of such a test. You were not employed by this company so you do not have any employment rights. Had they for example dismissed you as a result of a failed drugs test then you would have had rights to appeal because you would have had certain employment law protection being an employee but this was a pre-employment test so you would not have enjoyed these rights yet.

An employer is able to make a decision on who they employ based on a very wide variety of factors, including the results of a drugs test. Unless the reasons for not employing someone were linked to discrimination, such as because of their age, gender, race, religion, etc the candidate would not be able to challenge the employer’s decision, even if it is completely unfair or based on incorrect reasons. I this case there is clearly no discrimination and even if the drug test results were inaccurate or there was a reason behind them, there is no formal legal right to challenge them. There is of course nothing stopping you from approaching the employer and explaining your situation, asking them to reconsider their decision, but if they refuse to do so there is nothing else you can do to change that.

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

Customer: replied 1 year ago.
thank you for you'r time. Just one other question i had worked for this company for 4 years in which i had had drug tests and passed, they offered me my position back would this have given me a posibility of appealing?
Expert:  Ben Jones replied 1 year ago.

So you mean that you used to work for them but left their employment and now are trying to get back into the same role?

Customer: replied 1 year ago.
I had been waiting for them to let me know when the drug test would be i got a phone call from the manager to tell me the test would be held on friday the same week as my dentist appointment when i went for the test i informed them that i had had dental surgery 2 day prior.
Expert:  Ben Jones replied 1 year ago.

The previous service you had with them would not give you any rights unfortunately. You would be treated as a new starter from a legal point of view and your rights would be identical to someone who has never worked for them in the past. SO previous test results have no bearing whatsoever on the current ones, especially as this is a drugs test so just because you passed previously does not mean that you will always be clean in the future. As mentioned there is nothing stopping you from appealing but if it is rejected then sadly you cannot take this any further.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you