Mr P Bailey v London Underground Limited — 2019

The claimant, a London Underground train operator, was summarily dismissed after a random unannounced drug test returned a positive result for cannabis. He denied consuming cannabis and suggested that prescribed medication or hemp seed and hemp oil products might have caused a false positive result. The respondent investigated those explanations through occupational health advice and testing evidence.

The Tribunal found that misconduct was the respondent's reason for dismissal and that the respondent genuinely believed the claimant had committed misconduct. It found there were reasonable grounds for that belief, including the analytical evidence from Alere Toxicology and SynLab and medical advice which effectively ruled out inadvertent consumption or medication as explanations. The Tribunal also found that the chain of custody point did not undermine the drug testing evidence.

The Tribunal accepted that the distinction between the initial screening test and the later active ingredient test had been poorly and confusingly presented before the appeal, but found that this was addressed and rectified during the appeal process. It held that the investigation and disciplinary procedure, viewed overall, were reasonable, and that dismissal fell within the range of reasonable responses given the respondent's drugs and alcohol policy and the safety-critical nature of the claimant's role.