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ACAS contractual information

DTI guidance

If you want to test for drugs then a right to test should be included in the contract.  There are still issues of medical confidentiality involved.  It has not been challenged in the courts but it is likely the reasonableness test would be applied - employers would need to be able to justify the testing.

 

Testing is clearly relevant for some occupations (e.g. armed forces, railway drivers etc)  but should be used sparingly. Consider why you want to introduce a test and the reasonable way to introduce it.  Most employees, even those in vulnerable occupations, would want to understand why their employer wants to introduce testing - unless there is a specific reason/problem its probably not worth it.

The Health and Safety Executive recommend employers have a policy on drug and alchohol misuse further guidance is available