Mr C Pamment v Renewi UK Services Ltd — 2021

The tribunal held that Mr Pamment was unfairly dismissed by Renewi UK Services Ltd after a random drugs test on 11 March 2020 produced a non-negative result for cannabis. He was dismissed summarily on 1 April 2020 following a disciplinary hearing on 30 March 2020. The tribunal accepted that he had taken cannabis from December 2019 to help with acute and chronic back pain and sleep, and found that this was not challenged by the respondent.

The tribunal rejected the respondent's main justification that Mr Pamment was 'under the influence' of cannabis in a way that affected his work or created the asserted driving risk. It found there was no evidence his performance had been adversely affected, that he was not required to drive a van as part of his role in practice, and that he worked as a driver's mate. It also found that the respondent had not raised any concerns about his work after he returned from long-term sickness absence on 6 January 2020, and that no proper return-to-work meeting had taken place after that six-month absence.

The tribunal found that the dismissal decision was influenced by HR information that everyone who had failed a drugs test had left the company, and that this approach meant the respondent did not carry out an individual assessment of Mr Pamment's circumstances. It also found that insufficient weight was given to his long service, his reason for using cannabis, his offer of regular testing at his own expense, and the respondent's own policies which referred to support and rehabilitation for employees with substance misuse problems. The tribunal concluded that dismissal fell outside the range of reasonable responses and that no Polkey reduction or contributory conduct reduction should be made. A remedy hearing was to follow, and the claimant sought reinstatement or re-engagement.