Search

How can we help?

Icon

What happens if I fail jobs drug test?

It’s the morning after the night before, and you’ve done something that really wasn’t a good idea. And it just so happens that today is the one day in your career that your boss has decided to randomly drug test some of the workers.

Just your luck, right?

Well, it is completely legal for employers to request drugs tests from its staff when it has grounds to suspect substance abuse.

But if you do end up testing positive, the good news is that it does not necessarily mean you will be sacked on the spot.

Why you might be tested

Testing could be completely random, or it could be implemented because bosses suspect a staff member was inebriated while working.

However, drug testing is not yet sophisticated enough to determine when an individual was drunk or high – so it can be hard to prove it happened on company time.

Monica Atwal, managing partner and employment law specialist at Clarkslegal, told Metro.co.uk: ‘Some employers only test if there are other indicators of abuse or influence.

‘But others will randomly test so there is confidence that staff can perform critical roles such as drivers or those providing personal care such as nurses.’

Will you be sacked?

Companies will have differing policies, but there is a good chance that being under the influence on the job constitutes gross misconduct, and you will be sacked.

But it may depend on the type of drug, whether it was taken in or out of the workplace, and your job.

Ms Atwal said: ‘Employers will be under a duty to investigate the circumstances fully before taking disciplinary action.

‘An employee can face disciplinary action including dismissal if a test is positive and the investigation shows there was a clear rule and a fair process was followed.

‘It is highly likely that if you are under the influence at work you will lose your job. It’s a high price to pay for a high.’

Read full article here.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Chambers and Partners

“Very professional, knowledgeable and accessible lawyers.” 

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 06 June 2025
  • Immigration

MAC Report: Immigration Support for IT and Engineering Professionals

On 29 May 2025, the Migration Advisory Committee (MAC) published its much-anticipated review on the use of the UK immigration system by professionals in IT and engineering.

art
  • 04 June 2025
  • Corporate and M&A

Authorised Corporate Service Providers – what you need to know!

The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) intends to enhance the transparency of corporate structures with an aim to reduce economic crime.

art
  • 04 June 2025
  • Privacy and Data Protection

Decrypting the ICO’s Draft Updated Guidance On Encryption

Where data breaches are easily achieved by human error, encryption not only offers a secure way of sending personal data, but also provides another layer of protection if a data breach was to occur.

Pub
  • 27 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 3

In the third and final episode of our three-part podcast series, join Stuart Mullins and Nicky Goringe Larkin as they discuss the sectors that are currently popular for business exits, as well as those that may have difficulty attracting buyers.

art
  • 27 May 2025
  • Privacy and Data Protection

Extension of UK adequacy: The European Data Protection Board adopts the European Commission’s decision

Earlier this year, the European Commission adopted an extension of the two 2021 adequacy decisions with the UK for a period of six months, until 27 December 2025.

art
  • 21 May 2025
  • Immigration

UK Immigration 2025: Essential Updates for Employers

In our most recent and timely webinar held on 7 May 2025, the immigration law experts here at Clarkslegal LLP provided employers with a critical update on recent and upcoming changes to UK immigration policies and laws.