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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was drug tested a few week ago along with the rest of the

Resolved Question:

I was drug tested a few week ago along with the rest of the foreman. A week later an employee came up to me and told me that the drug test was aimed and meant for me day after day more people have told me the same thing. I'm finding it hard to go in to the office and talk to people as I feel they all think I'm on drugs which is not the case. The health and safety man who has obviously got some thing against me organised the testing with out the manages knowing. I don't mind being drug tested I've had 2 now and only been there 10 week but the fact the health and safety officer is saying my name and aiming the test at me is majoring me want to quit my job. I have passed both drug tests.
Submitted: 8 months ago.
Category: Law
Expert:  JG_Legal replied 8 months ago.

Can you please clarify what you would like to know

Customer: replied 8 months ago.
Is the health and safety officer allowed to tell other members of staff that the drug test was aimed at me.
Customer: replied 8 months ago.
I'm feeling really low as I don't do drugs and I'm not happy at work. Where would I stand to sue them
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you.

For now please let me know whether you tested positive?

Customer: replied 8 months ago.
Both times I have passed the drug and alcohol test
Customer: replied 8 months ago.
The point of my question is the health and safety officer has ordered a drug test at me. Other members of staff are coming up to me and telling me (they think in confidence) that the test was aimed at me. Why should my name be made as dirt. Can the health and safety office mention my name to other members of staff about drugs
Expert:  Jamie-Law replied 8 months ago.

But is there any evidence to suggest that it is?

Customer: replied 8 months ago.
Why would different people be saying they have been told off him that it was aimed at me
Expert:  Jamie-Law replied 8 months ago.

So colleagues have said it was aimed at you?

Customer: replied 8 months ago.
The health and safy boss stops on a caravan site where I used to stay. We owed some money for electric when we left but they could not tell us how mush so we told them to send an invoice to us. They never did and told the health and safety boss we were buying drugs off them. That's why he orders the test. I'm not bothered about taking the test I'm bothered he has told other people at work it was aimed at me and giving me a bad name.
Expert:  Jamie-Law replied 8 months ago.

Have you raised a complaint yet please?

Customer: replied 8 months ago.
I told my boss who told the manager and he said he had no right getting is tested with out his know. No I've made no formal complaint
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** will help you as my colleague has decided they no longer can. How long have you worked there for?

Customer: replied 8 months ago.
Only about 16 weeks
Expert:  Ben Jones replied 8 months ago.

Thank you. Mentioning that you have been drugs tested is not itself unlawful. What would be potentially unlawful is disclosing the results of your tests as that will amount to a breach of data protection. However, you cannot just go and sue the employer for such a breach, to be able to take any action you must be able to show that you have suffered losses as a result, which does not appear to be the case.

The only other potential way of pursuing this would have been through a constructive dismissal claim, where you are forced to resign as a result of the employer’s unreasonable behaviour. However, the minimum criteria to be able to claim are 2 years service and as you have not been there long enough you cannot pursue such a claim either.

So the only thing you can do is to raise an internal grievance about this which is a formal complaint to the employer who will then have to investigate this and decide what appropriate action need to be taken.

This is your basic legal position. I have more detailed advice for you in terms of the process of raising a grievance, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 8 months ago.
is he allowed to tell people it was aimed at me but not tell me ?
Expert:  Ben Jones replied 8 months ago.

yes that is possible - it is a breach of trust and confidence but remember you can only challenge it if you had 2 years service so in your case it is morally wrong but they can do it as it is not unlawful.

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

Customer: replied 8 months ago.
How do you rate please
Expert:  Ben Jones replied 8 months ago.

You can just type in your selection here, such as just saying, 3 or 4 or 5. Thanks

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 8 months ago.
Happy thank you
Expert:  Ben Jones replied 8 months ago.

You are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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