MR R CHAUDHRY v LHR Airports Limited — 2019

The claimant was employed as a security manager at London Heathrow Airport and was dismissed after a positive drug test while on a rehabilitation programme, together with findings by the respondent about trust and confidence. The tribunal found that the reason for dismissal was conduct and that there was no evidence that any other reason played a part.

The tribunal found that the respondent's investigation fell within the band of reasonable investigations. It noted that the respondent considered the drug test result, the claimant's explanation that passive smoking may have caused it, and further information about the claimant's 2016 disclosure of cannabis use. The tribunal also found that the respondent followed a fair procedure, including investigation, disciplinary hearing, reasons for the decision, and an appeal, and identified no breach of the ACAS disciplinary code.

On sanction, the tribunal found that dismissal was within the band of reasonable responses. It accepted that the claimant had initially sought assistance and that this was potential mitigation, but found the respondent had considered that mitigation. The tribunal concluded that the respondent's rejection of the passive smoking explanation as implausible, and its concerns about inconsistencies in the claimant's accounts, were within the range of reasonable responses. The appeal process was also found to be comprehensive, and an error in the address on the appeal letter was found not to have affected the appeal process.

In the alternative, if the dismissal had been unfair, the tribunal would have found the claimant's conduct culpable or blameworthy and would have reduced any basic and compensatory award by 100% for contribution. The unfair dismissal claim was dismissed.