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Is there anything in your employment contract that states the employer may carry out random drug tests?
Also, what is your specific question in relation to this and how long have you personally worked for the business?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:
The Health and Safety Executive is the central enforcing body for health and safety law, so any breaches of health and safety can be reported to it if necessary.
However, health and safety failings can also amount to a breach by the employer of the implied term of trust and confidence. This is an implied term which exists in every employment relationship and its breach can allow the employee to consider resigning and claiming constructive dismissal, subject to having at least 2 years’ service.
You should raise a formal grievance about this and if the employee has previously officially raised concerns about health and safety and in turn they have been either treated detrimentally or dismissed, that can amount to detrimental treatment following whistleblowing. This is also a claim which can be pursued in the employment tribunal.
Does this answer your query?
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