Science director dismissed over cannabis smell in company car: dismissal fair

This case shows how a zero-tolerance policy on drugs at work, particularly in a sector with health and safety risks, can justify dismissal even when the employee denies the misconduct. The science director had seven years' service, but the employer's policy was clear and had been recently communicated. The colleague's report of a cannabis smell in the company car and erratic driving triggered an investigation that the tribunal found reasonable, even though the claimant provided herbal cigarette samples that the colleague confirmed were not cannabis.

What the employer did right

The employer acted promptly: suspension, investigation interviews, and a disciplinary hearing within two months. The investigating officer interviewed the colleague and another witness, and the disciplinary officer considered the evidence before deciding to dismiss. The tribunal noted that the employer honestly believed the claimant had used cannabis at work, and that belief was based on reasonable grounds. The claimant did not appeal, which the tribunal saw as indicating acceptance of the decision.

What the claimant could have done differently

The claimant denied using cannabis at work but did not provide an alternative explanation for the smell. He did not appeal the dismissal, missing an opportunity to challenge the decision internally. The tribunal also noted that the claimant's own witnesses were not entirely supportive of his case.

Why this matters

This case confirms that tribunals will not substitute their own judgment for that of the employer, as long as the employer's decision is within the range of reasonable responses. For employees in safety-critical roles, zero-tolerance policies can be enforced strictly. For employers, a thorough but swift investigation can be sufficient, even if the evidence is not conclusive.