Legal Question in Business Law in United Kingdom
Reasonable belief
Allegations have been made by my employer regarding the use of drugs. Although after a search was conducted by a officer of the law, no substance was found upon my person or possessions,and no arrests were made, however a small amount of illegal substance was found in a vehicle owned by the employer which i was travelling in as a passenger with other colleagues, this vehicle is available for a large number of people to use and is often used at weekends for private use. Although i am innocent of the allegations , my employer has indicated that they are unable to determine who the substance belongs to, they have decided to dismiss my colleagues and myself on the grounds of reasonable belief. Please indicate if this is lawfull and to what extent this reasonable belief can be used ?
1 Answer from Attorneys
Re: Reasonable belief
I cannot believe from what you say that the action of your employer in dismissing you and your colleagues could be considered reasonable in these circumstances. There is absolutely no evidence to connect you with the drugs and in these circumstances the situation would be properly dealt with by perhaps a written notice to you and your colleagues that drug use during working hours will not be tolerated.
It may well being that you have grounds to take your dismissal to an industrial tribunal. This will however depend upon certain other factors such as the length of your employment, the work you carry out, and any other disciplinary warnings which are relevant.
Please do not hesitate to let me know if I can assist further.
Andrew Dutton
Legal Zone
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