Advice Needed re drug testing and suspension

PinkRaven

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

Clive_Woody

Is she part of a union? has she reported previous issues to HR?

LightFlare

PinkRaven said:

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

with less than 2 years service - she can be "let-go" reasonably easily.

Refusal to comply with a "reasonable" request may very well form grounds for such action

Is she refusing because there are no grounds or because it might show positive ?

PinkRaven

No union, no. She works for a UK company that has branches all over (I don't want to say the name at this point). Her immediate boss (who is her only HR contact) said he doesn't want to do it but his hands are tied and he takes orders from above. He wants her to just carry on and transfer once her house has gone through and even he suggested she goes "now" to avoid any disciplinary, but has since come back with the suspension and request for a more intense drug test. I can't believe that she has not given any reason for them to accuse her of this other than someone who clearly doesn't like her telling tales!  We know that one of the others does recreational drugs too and when she asked if he was also being tested she was told "we can't discuss others".  We can't find her contract to see what the drugs policy is and I have told her to ask for it or look very hard for it. But even so, the general consensus seems to be if she's not in a job that requires drug testing (ie. driver, heavy machinery etc) they don't have any basis to do it. 

PinkRaven

LightFlare said:

PinkRaven said:

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

with less than 2 years service - she can be "let-go" reasonably easily.

Refusal to comply with a "reasonable" request may very well form grounds for such action

Is she refusing because there are no grounds or because it might show positive ?

I don't think it is reasonable as there's no basis, just someone being spiteful. She is obviously worried about a positive as they can stay in her system for up to a month (plus she is taking prescription strength Co-Codomol at the moment for an impacted wisdom tooth which would show up positive as it is an Opoid), but they have no grounds or basis to test her when she's not taking them or under the influence of them at work and what she does in her own time is her business. She's had two negative tests so why are they pursuing her and harassing her for further ones when there is no basis except for hearsay. It's not much different than someone drinking alcohol in their own time (ok, alcohol is legal but it can still affect work!)

General_Grant

PinkRaven said:

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

What form did "reacted to him" take?  Was it anything like "losing temper"?  If she was "pulled up" for it did she also start a formal complaint against this man?

Why would other members of staff suggest drug taking unless they perceived that her behaviour at work might be affected?

A company's disciplinary procedure isn't a court of law and so they can take the view that it is likely she is taking drugs if she refuses a non-invasive test.

Advice - stay off the wacky-backy and undergo the additional test.

PinkRaven

She reacted by basically saying "go on then, if you beat up women, then go ahead, make my day" (sort of thing). She also complained back about him and his bullying/threats. But he's turned others against her and as there is more than one it's being taken further.

They have reported her for taking drugs as one of them knows she does take them occasionally in her own personal time. It's nothing to do with her at work and considering the person who doesn't like her that started all this has only been at the company two weeks and is still on probation, I can't see why they can't see all this has only happened since he started. It's too late to stay off something that stays up to a month in the system when they want to do it now.

They seem to be willing to say anything to get her sacked, lies and all.  They are saying she's said/done things that are absolutely not true but she can't prove her innocence with those accusations no more than she can prove that they are saying things to her and taunting her.  The newbie has taken to going outside when she's on her lunch break (she eats in her car now) and standing right in front of the car on his phone smoking in a massive car park area just to taunt her. She took a photo of him standing/laughing but has been told if he hasn't directly said anything or done anything he can't be pulled up for standing in the car park, even if it is right in front of her car! It's really becoming a problem in a job she was happy in and her boss (who seems to be on her side although people can be two faced) said he's on her side and doesn't want to see her go.

Undervalued

PinkRaven said:

LightFlare said:

PinkRaven said:

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

with less than 2 years service - she can be "let-go" reasonably easily.

Refusal to comply with a "reasonable" request may very well form grounds for such action

Is she refusing because there are no grounds or because it might show positive ?

I don't think it is reasonable as there's no basis, just someone being spiteful. She is obviously worried about a positive as they can stay in her system for up to a month (plus she is taking prescription strength Co-Codomol at the moment for an impacted wisdom tooth which would show up positive as it is an Opoid), but they have no grounds or basis to test her when she's not taking them or under the influence of them at work and what she does in her own time is her business. She's had two negative tests so why are they pursuing her and harassing her for further ones when there is no basis except for hearsay. It's not much different than someone drinking alcohol in their own time (ok, alcohol is legal but it can still affect work!)

Sorry but that is not entirely true. It could easily be argued that employees who take "recreational" illegal drugs are bringing the employer into disrepute. Suppose she was an airline pilot would you be happy to be flown by her on the basis that "she's not taking them or under the influence of them at work"?

Obviously the behaviour she describes of some other the other employees is deplorable and quite possible illegal but two wrongs do not make a right. Has she reported this behaviour through the proper channels?

Does the firm have a policy on drug testing? Even if it doesn't they may well be able to argue that it is a reasonable request given that they have received a credible report.

As others have said, with less than two years service she can be dismissed with little recourse other that potentially claiming unlawful discrimination on a protected ground (sexuality). However, given the other "issues" is that a route she really wants to go down?

DullGreyGuy

I'm just trying to work out how this person is so charismatic that in under two weeks not only have they managed to have so many unwitnessed incidents with your daughter but also managed to convince others to submit false complaints against her?  In most places people dont want to get involved in disputes between others let alone submit their own false accusations at the request of someone they've known for under two weeks. 

I'd suggest that your daughter's situation may not have been as golden before this person had started as you've been lead to believe and at best this person has just been a catalyst. Clearly it's pointless to speculate on why she appears to be unpopular there can be thousands of possible genuine and discriminatory reasons. 

The main issue is she has less than 2 years service and as such can be let go easily if she decides not to comply with any of their requests. 

Curious what industry it is though. 

PinkRaven

I hear what you say regarding her taking in her own time (if it was an airline pilot) - but that's what I mean and touched on earlier.  IF she was in a job such as an airline pilot, train driver, operating heavy or dangerous machinery etc. then there would be basis for them asking for the test.  She's a telephone sales person so it is not in any way affecting her job and never has done until some trumped up little a-hole, who has only just started the job two weeks ago, has taken a dislike to her!  She isn't bringing anyone into disrepute as no-one ever knew or even suspected until someone who doesn't like her decided to put her in it.  She's had a brilliant working record until now.

comeandgo

What does her employment hand book say?  In our book it states drug tests could be done and what the consequences are if you refuse or if you fail.  You seem to be trying to justify her drug taking, it’s not on company time so it’s nothing to do with them, sorry that attitude is wrong.