Source: All England Reporter
Publisher Citation: [2002] All ER (D) 368 (Jan)
Court: Employment Appeal Tribunal

Recorder Langstaff QC, Mr P R A Jacques and Mr T C Thomas

Representation The employee did not appear and was not represented.
  Wendy Outhwaite (instructed by Legal Department, Thales Corporate Services Ltd) for the employer.
Judgment Dates: 18 January 2002


Unfair dismissal - Misconduct - Whether employer's decision to dismiss employee reasonable - Whether tribunal applying correct test.

The Case

On the facts of the instant case, the dismissal of the employee was within the scope of that which a reasonable employer might have done in response to a positive drugs test. The tribunal's decision that the employee had been unfairly dismissed would, accordingly, be set aside and substituted with a finding that the employee's dismissal had not been unfair.

Practice Areas

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