Mr P Glenholmes v Network Rail Infrastructure Limited — 2023

The respondent conceded that the claimant's dismissal was procedurally unfair, so the Tribunal focused on remedy. The claimant had failed a drug test after drinking Mate Tea from South America which contained cocaine from coca leaves. The Tribunal found that the claimant worked in a health and safety critical role, knew of the Drug and Alcohol Policy, and was responsible for checking what he consumed.

The Tribunal found the claimant's conduct culpable and concluded he was wholly to blame for his dismissal. Although there were procedural problems sufficient for the respondent's concession, the Tribunal found dismissal was within the band of reasonable responses and that, had a fair procedure been followed, the claimant would still have been dismissed. The basic award was reduced by 100%, and the compensatory award was nil because it was not just and equitable to award compensation or, alternatively, because of a 100% reduction for contributory conduct.

The unauthorised deductions claim concerned whether the claimant had been reinstated on paid suspension around 24 June 2022. The Tribunal found that any payroll change by the line manager was based on misinformation, was checked with HR, and was either not implemented or was legitimately reversed within less than a day. It therefore found no unauthorised deduction from wages.