Mr Lewis Smith v Network Rail Infrastructure Limited — 2021

The tribunal recorded that, at the liability hearing, it had found the claimant was unfairly dismissed after being dismissed for gross misconduct following a drug and alcohol testing incident. It found that the dismissal decision was based on an unsustainable finding that the claimant had refused to provide a urine sample, when the tribunal found he had been unable to do so because of an undiagnosed medical condition. The tribunal also recorded that the claimant had not contributed to his dismissal.

At the remedy hearing, the claimant sought reinstatement to his former role as Team Leader Track Inspections. The respondent resisted reinstatement or re-engagement, relying on loss of trust and confidence, the operation of the Sentinel Scheme, and its alcohol and drugs policy. The tribunal found that the Sentinel Scheme did not prevent reinstatement, because the respondent could sponsor the claimant for the required card if it was prepared to do so.

The tribunal concluded that the respondent had not made good its case that reinstatement was impracticable. It found that the stated concerns about trust and confidence were based on incorrect information and unsupported assumptions, and that the claimant's former role remained vacant. The tribunal ordered the respondent to reinstate the claimant, with any further issues about timing, back pay, benefits, and restored rights or privileges to be determined later if necessary.