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my son has failed (used cannabis) a random drugs test at work…

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my son has failed (used...
my son has failed (used cannabis) a random drugs test at work and subsequently has been dismissed. i want to appeal on the basis that his works drugs and alcohol policy states he must not be under the influence of Drugs and or Alcohol. (note he tests clean now for the drug)?
my basis for appeal is that he was not under the influence but yes he had traces of past use as the effects of the drugs clears of within hours yet trace in the body remains for up to 28 days. and their policy states that you must not be under the influence and we believe he was not! plus there is no formal UK law legalisation on drug testing..

do you think he has a sound basis for appeal.
Submitted: 8 years ago.Category: UK Law
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Answered in 4 hours by:
6/26/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
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Hi

 

If he has traces in his system then he is under the influence i'm afraid. The influence may be weak and it may be that it was not enough to impair his performance at work but that is not what their policy says.

 

you are unlikely to win either on internal appeal or at tribunal on that basis. Cannabis does remain illegal I'm afraid.

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Customer reply replied 8 years ago
dear sir, i have not accepted your answer as i feel it lacks content or any case history, if you google this question there is much information which demonstrates that the UK government has failed and or is unable to set a level reading to what is an acceptable reading, therefore by default it is not also set at zero... so back to my point and question do you feel i have an angle or working the definition of "under the influence" otherwise very user in the UK (many millions) or both working and driving illegally if they have used cannabis during the last 28 days , we both know that would cause a complete melt down in the legal system if that logic was applied...

Solicitor: Jo C., Barrister replied 8 years ago

OK. Good luck.

 

Actually that test is applied. But do feel free to carry on. You will lose. Cannabis is unlawful and unacceptable to courts and employers alike and properly so.



Edited by Jomo1972 on 6/28/2010 at 1:24 PM EST
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