Mr K L v London Underground Limited — 2021

The claimant was employed in a safety critical role and had disclosed cocaine use while off sick. The respondent referred him to its Drug and Alcohol Assessment and Treatment Service and arranged residential treatment at Bosence Farm. The claimant signed a treatment agreement which stated that failure to complete treatment to the satisfaction of the DAATS manager could affect reinstatement to safety critical duties or continued employment.

The claimant was discharged from Bosence Farm before completing the agreed treatment after a series of incidents, including disputes with other residents and concerns recorded by the treatment centre about his behaviour and willingness to take responsibility. DAATS then discharged him from its process and did not recommend his safe reinstatement or continued employment. The respondent investigated, held a disciplinary hearing and appeal, considered the claimant's mitigation about alleged race and religion-related treatment at Bosence Farm and his contention that he had been discharged because he contacted the police, and upheld summary dismissal.

The tribunal found that the reason for dismissal was conduct, namely breach of the DAATS treatment agreement by failing to complete treatment. It found that the respondent carried out as much investigation as was reasonable, had reasonable grounds for its belief, considered the claimant's mitigation, and was entitled to conclude that dismissal fell within the band of reasonable responses. The unfair dismissal complaint was therefore not well-founded.