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.

Chambers and Partners

“Very professional, knowledgeable and accessible lawyers.” 

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.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 21 January 2026
  • Privacy and Data Protection

FAQs – Data Subject Access Requests

Any individual who may be identified from any form of document, whether directly or indirectly, is a data subject.

art
  • 20 January 2026
  • Corporate and M&A

Positioning Your Business for Growth and Exit in 2026

2025 proved another challenging year for SMEs in the UK, with regulatory reform for Companies, increased taxes and operating costs and geopolitical pressure making for a harsh trading environment, Yet, despite the gloomy economic outlook, dealmaking in the region remained robust.

Pub
  • 20 January 2026
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, for an on-demand webinar as they discuss the key updates and their impact on your business in 2026.

Pub
  • 15 January 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q1 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical issues and key developments our team has examined over the past three months. In Episode 1, they discuss Family Investment Companies, Legal Due Diligence, and Directors’ Duties.

Pub
  • 08 January 2026
  • Privacy and Data Protection

Data Protection Audits: Launch Event

Join us for a breakfast networking session on Thursday 26th February 2026 as we officially launch our Data Protection Audit services.

art
  • 08 January 2026
  • Privacy and Data Protection

Data Protection – what’s happened in 2025?

2025 has been a lively year for the data protection sphere, with the main talking point coming from the UK’s data reform Bill finally receiving Royal Assent on 19 June 2025.