Dismissed from job unfair due to a refusal of a drugs and alcohol test

nicola0151

Hi need some advice my partner works for a large construction company. He does have it written in his contract that they under take random drugs and alcohol testing which he has had several over his 10 years employeed and passed everyone last one only done in january. He works away from home and had received a phone call from his ex partner to advice him about a very serious matter that had happened to his daughter who is 13 he had just found out his daughter had been raped. He hardly slept but still went into work the next day. He was in no fit state to work but didn't want to just ring in sick he wanted to go to his boss and try to explain why he would be off or ask for some time off he has never been late or off sick once. Once at work he started suffering from a panic attack I think the stress off having to tell someone got to him but the next minute he was selected for a random drugs and alcohol test. He had explained to the security he was not well he at this point could not breath and felt he was gonna pass out he didn't realised he was having a panic attack when he explained he had shortness off breath sweating and felt unwell they assumed covid 19 symptoms and stuck a mask and gloves on him and left him in a room alone. The lady who would off been doing the test said he was not fit to take the salaiva test but security said it would have to go down as a refused test. They have since dismissed his for a refusal even though he never once refused the lady said he was not fit for the test. He had his meeting where he told work what news he had just found out he provided them with letters from the police to state what he was saying was true he has offered to take daily drugs and alcohol testing and pay for this himself , offered hair samples but it came back dismissed for misconduct. He had another appeal where we tried our best to state we feel it was unfair given he never refused he was medically unwell. They have doctors and a medical ward on site with it being so large so we feel if they would off get him checked out by a medical personnel they could off maybe realised it was a panic attack gave him time to calm down and then do the test instead knowing he wasn't well they told him to leave work we tried to state they never took into account his health and safety on that day, we wrote all this in his appeal but got no where he has supplied medical evidence stating he is on medication now for panic attacks and anti depressants and the doctor has even wrote to his work to state he was suffering from a traumatic experience he has one more appeal then looks like we just have to give up any advice would be very grateful the stress off all this plus his daughter is really affecting him. Thanks 

[Deleted User]

Leave emotion out of it, the situation needs to be assessed with a level head and then action taken, both parties need to understand the basics and only then can it be moved forward.

Having anxiety attacks will make an employee unsuited for some forms of work and perhaps that is what's being seen here by the employer and for them to be able to satisfy the requirements they'll have carry out their own due diligence.

Maybe it's worth looking around for better suited work or taking some time off to improve his state of health, in this instance your doctor would be the first port of call, sign off for a couple of months and let your partner get back to good health again.

sharpe106

As above leave emotion and does he really want to carry on working for a company that treats him like that? Obviously from a forum you only get one side but from reading your post no way I would. 
If he really wants to carry on working for them all he can do is get all his medical information from the doctor and then seek professional assistance and try to argue unfair dismissal. 

Comms69

nicola0151 said:

Hi need some advice my partner works for a large construction company. He does have it written in his contract that they under take random drugs and alcohol testing which he has had several over his 10 years employeed and passed everyone last one only done in january. He works away from home and had received a phone call from his ex partner to advice him about a very serious matter that had happened to his daughter who is 13 he had just found out his daughter had been raped. He hardly slept but still went into work the next day. He was in no fit state to work but didn't want to just ring in sick he wanted to go to his boss and try to explain why he would be off or ask for some time off he has never been late or off sick once. Once at work he started suffering from a panic attack I think the stress off having to tell someone got to him but the next minute he was selected for a random drugs and alcohol test. He had explained to the security he was not well he at this point could not breath and felt he was gonna pass out he didn't realised he was having a panic attack when he explained he had shortness off breath sweating and felt unwell they assumed covid 19 symptoms and stuck a mask and gloves on him and left him in a room alone. The lady who would off been doing the test said he was not fit to take the salaiva test but security said it would have to go down as a refused test. They have since dismissed his for a refusal even though he never once refused the lady said he was not fit for the test. He had his meeting where he told work what news he had just found out he provided them with letters from the police to state what he was saying was true he has offered to take daily drugs and alcohol testing and pay for this himself , offered hair samples but it came back dismissed for misconduct. He had another appeal where we tried our best to state we feel it was unfair given he never refused he was medically unwell. They have doctors and a medical ward on site with it being so large so we feel if they would off get him checked out by a medical personnel they could off maybe realised it was a panic attack gave him time to calm down and then do the test instead knowing he wasn't well they told him to leave work we tried to state they never took into account his health and safety on that day, we wrote all this in his appeal but got no where he has supplied medical evidence stating he is on medication now for panic attacks and anti depressants and the doctor has even wrote to his work to state he was suffering from a traumatic experience he has one more appeal then looks like we just have to give up any advice would be very grateful the stress off all this plus his daughter is really affecting him. Thanks 

How long has he worked there?

In anycase it sounds like a valid dismissal. If he was not well, he should not have gone to work. 

pinkshoes

Comms69 said:

nicola0151 said:

Hi need some advice my partner works for a large construction company. He does have it written in his contract that they under take random drugs and alcohol testing which he has had several over his 10 years employeed and passed everyone last one only done in january. He works away from home and had received a phone call from his ex partner to advice him about a very serious matter that had happened to his daughter who is 13 he had just found out his daughter had been raped. He hardly slept but still went into work the next day. He was in no fit state to work but didn't want to just ring in sick he wanted to go to his boss and try to explain why he would be off or ask for some time off he has never been late or off sick once. Once at work he started suffering from a panic attack I think the stress off having to tell someone got to him but the next minute he was selected for a random drugs and alcohol test. He had explained to the security he was not well he at this point could not breath and felt he was gonna pass out he didn't realised he was having a panic attack when he explained he had shortness off breath sweating and felt unwell they assumed covid 19 symptoms and stuck a mask and gloves on him and left him in a room alone. The lady who would off been doing the test said he was not fit to take the salaiva test but security said it would have to go down as a refused test. They have since dismissed his for a refusal even though he never once refused the lady said he was not fit for the test. He had his meeting where he told work what news he had just found out he provided them with letters from the police to state what he was saying was true he has offered to take daily drugs and alcohol testing and pay for this himself , offered hair samples but it came back dismissed for misconduct. He had another appeal where we tried our best to state we feel it was unfair given he never refused he was medically unwell. They have doctors and a medical ward on site with it being so large so we feel if they would off get him checked out by a medical personnel they could off maybe realised it was a panic attack gave him time to calm down and then do the test instead knowing he wasn't well they told him to leave work we tried to state they never took into account his health and safety on that day, we wrote all this in his appeal but got no where he has supplied medical evidence stating he is on medication now for panic attacks and anti depressants and the doctor has even wrote to his work to state he was suffering from a traumatic experience he has one more appeal then looks like we just have to give up any advice would be very grateful the stress off all this plus his daughter is really affecting him. Thanks 

How long has he worked there?

In anycase it sounds like a valid dismissal. If he was not well, he should not have gone to work. 

I disagree. He was not unwell when he went to work. He suffered a panic attack whilst at work due to what had happened to his daughter, and was therefore not able to take the drugs/alcohol test. 

But unless he has been working there for more than 2 years, then they can get rid of him for any reason as long as it is not discriminatory. 

I don't think I would want to work for a company like that.

I think I would be taking legal advice. 

sharpe106

From reading what was put I would not want to work there either, although we are only getting one side. As I can't see many companies when was explained to them would have decided to dismiss them. I also think most companies if what the OP put was true would be terrified of the bad publicity if it got out that they had sacked someone who daughter had just been attacked.  

Hasbeen

Perhaps against all the opinions here.
I worked for an industry that had zero yes that absolutely nil,  drugs and alcohol policy.

This was in contract. If you refused to blow in tube and pee in bottle you were after proper company procedure dismissed. Basically no excuses.

OP There is one appeal left, get all the evidence together that he could offer to the company and if possible have union rep alongside.

Explain situation as you have here and hopefully some good will occur.

sharpe106

I Still think most industries even in a zero tolerance industry under the circumstances of the OP would let it go this time too much potential bad publicity for them and besides the next time they can't use the same excuse again. As they said they never actually refused. Obviously only getting one side so the actual facts may be different we can only judge on what has been said. 

lulu650

The OP's opening post states her partner has been employed for 10 years with the company. I don't understand how there can be a second appeal hearing though, that doesn't sound correct 

nicola0151

lulu650 said:

The OP's opening post states her partner has been employed for 10 years with the company. I don't understand how there can be a second appeal hearing though, that doesn't sound correct 

Yes it is correct his work place dismissal procedure is they have a investigation his first meeting which after this he had a letter to state he was dismissed he then had a chance to appeal the dismissal which we have just done and then there is one more appeal and then looks like we may have to go down unfair dismissal route. 

nicola0151

Hasbeen said:

Perhaps against all the opinions here.
I worked for an industry that had zero yes that absolutely nil,  drugs and alcohol policy.

This was in contract. If you refused to blow in tube and pee in bottle you were after proper company procedure dismissed. Basically no excuses.

OP There is one appeal left, get all the evidence together that he could offer to the company and if possible have union rep alongside.

Explain situation as you have here and hopefully some good will occur.

Thanks 
He wasn't in the union I did say a thousand times over the years he should of joined one. It's just such a grey area lots off information if he would off actually failed test. Fingers crossed for next appeal .