Mr C Hainey v Represented by:10 Mr C Bett - Lay Representative Augean Limited — 2024

Mr C Hainey brought a claim for unfair dismissal after being dismissed by Augean Ltd following a random drug and alcohol test at the Paisley depot on 5 January 2024. The respondent relied on conduct: the claimant had a non-negative urine test which was later confirmed by laboratory analysis as positive for cocaine metabolite, and the respondent also relied on evidence that he had been driving a company vehicle on 3, 4 and 5 January 2024 before the test.

The tribunal found that the testing process was random, that the policy was in place and had been sent to employees, and that the claimant was suspended in accordance with that policy after the initial test result. It accepted that the investigation was carried out by an investigating manager with no prior involvement, that the disciplinary hearing was conducted by Andrew Cameron, and that the appeal was heard by Matt Blake, who also had no previous involvement. The tribunal rejected the claimant’s suggestion that Ms Matts had improperly influenced the outcome.

Applying section 98 ERA 1996, the tribunal held that the respondent had shown conduct as the reason for dismissal, that Mr Cameron genuinely believed the claimant was guilty, and that this belief was based on reasonable grounds after a reasonable investigation. It also found that the claimant’s responses were evasive and equivocal, that he had not provided mitigating information, and that the appeal process was fair. The tribunal concluded that dismissal fell within the band of reasonable responses and that the dismissal was fair.

The unfair dismissal claim was therefore dismissed. The tribunal did not go on to consider remedy, although it noted that the parties had agreed the basic and compensatory award figures subject to arguments on reductions.