In the case of Truman v SPL Powerlines UK Ltd and others, the claimant suffered from an incurable condition causing chronic pain and had been prescribed medical cannabis to manage his symptoms.
He later applied for a safety-critical role with SPL Powerlines UK Ltd in the rail industry. Under Network Rail’s mandatory drug and alcohol regime, workers in safety-critical rail roles were required to pass drug and alcohol screening before being authorised to work.
The claimant disclosed his prescribed cannabis use during the testing process. His sample tested positive for cannabis and the occupational health provider recorded the result as a “fail”. As a result, the job offer was withdrawn, and the claimant was barred from carrying out safety-critical rail work for five years.
The claimant brought disability discrimination claims against the employer, Network Rail and the occupational health provider.
A key feature of the case was that Network Rail’s own policy allowed a positive drug test to be treated as a “pass” where there was a legitimate medical explanation for the substance detected. The Employment Tribunal found that, if the policy had been correctly applied, the claimant should have passed the test.
The Tribunal also accepted expert evidence that the claimant could potentially have worked safely with appropriate safeguards in place, including monitoring and risk assessments.
Despite those findings, the Employment Tribunal dismissed the...
Renowned human rights lawyer, Femi Falana, SAN, has criticised President Bola Tinubu for relying on claims by United States President Donald Trump regarding the reported killing of senior Islamic ...