I have failed a drug or alcohol test administered by my employer. What will happen now?

It is highly likely that your employer will view this failure very seriously. Employers have a duty of care imposed upon them by both statute and common law that obliges them to take reasonable steps to ensure that their employees are not under the influence of drinks and drugs if it would pose a risk to health and safety. This duty of care includes ensuring its employees take care of their own health and safety and also includes the duty to take reasonable care to ensure a safe system of work, effective supervision and competent fellow employees.

Drinking or drug taking, on or off duty, may be a potentially fair reason for dismissal on the grounds of either capability or conduct.

It may not always be immediately clear whether a drug or drinking problem falls within the 'sickness' or 'misconduct' category.

It is highly likely that an investigation will take place. Such an investigation may follow a specific drug and alcohol procedure if your employer has one or it might take place as a preliminary to a disciplinary interview.

Whilst it is usual for a drinking or drug related offence to constitute gross misconduct under a disciplinary procedure, an investigation might conclude that this matter arises out of an illness. Such a conclusion might lead your employer to attempt to help you get medical assistance that might also include time off work for such treatment.