Miss M. Francis v Morgan Sindall Property Services Limited — 2022

The claimant, Miss M. Francis, was dismissed without notice on 29 September 2020 after a random drug test returned a non-negative result for cannabis and a laboratory retest confirmed cannabis use. The respondent relied on its Substance Misuse policy and its zero-tolerance approach, and the tribunal accepted that the reason for dismissal was conduct within section 98(1) and (2) of the Employment Rights Act 1996.

The main dispute was whether the claimant had been made aware of the policy and its consequences during her post-TUPE induction, and whether the respondent had investigated that issue reasonably. The tribunal accepted that the claimant said she had not received a hard copy of the policy and had understood the induction material as referring only to conduct while at work, but it found the respondent had reasonable grounds to conclude that she had received or could access the policy, including the measures letter, induction slides, evidence that some attendees received the policy, and the policy later found in her laptop bag.

Applying the Burchell test and section 98(4), the tribunal found the respondent carried out a reasonable investigation, including retesting the sample and making further enquiries during the appeal. It accepted the respondent's concern that the claimant's role involved supervision of operatives and driving between sites, and held that dismissal was within the band of reasonable responses. The unfair dismissal claim was therefore dismissed. No remedy was awarded.