united-kingdom employment workplace
Is asking HR department about self-organised interest group a sufficient reason to warrant a drug test?
<p>Using a throwaway account as I do not want to get into trouble.</p>

<h2>Background to cannabis</h2>

<ul>
<li>Medical cannabis is legal in the UK since 2018</li>
<li>63% of Londoners supports legalisation for adult recreational use: <a href="https://www.standard.co.uk/news/uk/the-cannabis-debate-63-per-cent-of-londoners-think-uk-should-follow-canada-and-make-cannabis-legal-a4179291.html" rel="nofollow noreferrer">https://www.standard.co.uk/news/uk/the-cannabis-debate-63-per-cent-of-londoners-think-uk-should-follow-canada-and-make-cannabis-legal-a4179291.html</a></li>
<li>Major of London calls for evidence-based approach: <a href="https://www.standard.co.uk/news/london/sadiq-khan-time-for-cannabis-rethink-to-cut-violent-crime-a4276306.html" rel="nofollow noreferrer">https://www.standard.co.uk/news/london/sadiq-khan-time-for-cannabis-rethink-to-cut-violent-crime-a4276306.html</a></li>
</ul>

<h2>Absolute rule at work</h2>

<p>My workplace has an absolute rule:</p>

<blockquote>
  <p><strong>WE NEVER</strong> work under the influence of alcohol or drugs</p>
</blockquote>

<ul>
<li>Fair game.  </li>
<li>Understood.  </li>
<li>Clear boundary.  </li>
<li>No ambiguity.</li>
</ul>

<p>My understanding is that having absolute rule for work removes any liability for drug use outside of work?</p>

<h2>UK 🇬🇧 law about drug testing</h2>

<p><a href="https://www.gov.uk/monitoring-work-workers-rights/drug-testing" rel="nofollow noreferrer">https://www.gov.uk/monitoring-work-workers-rights/drug-testing</a></p>

<blockquote>
  <p>Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.</p>
</blockquote>

<p>In other words, if I want to keep my job I'll have to comply with the request. At the same time:</p>

<blockquote>
  <p>Not single out particular employees for testing unless this is justified by the nature of their jobs.</p>
</blockquote>

<p>Nature of job requires a lot of creativity.</p>

<h2>Negative influence VS positive influence?</h2>

<p>One could argue that use of drugs is increasing my productive output.</p>

<p><a href="https://en.wikipedia.org/wiki/Psychedelics_in_problem-solving_experiment" rel="nofollow noreferrer">https://en.wikipedia.org/wiki/Psychedelics_in_problem-solving_experiment</a></p>

<p>I'm not expecting a typical HR person to understand all the science behind it though.</p>

<h2>Communication at work</h2>

<p>At work we communicate via various online tools, including Slack and Workplace by FB.</p>

<p>I've asked customer representatives from Slack and FB and they advised me to speak with HR.</p>

<p><strong>I'd like to ask my HR whether I can create cannabis advocacy group.</strong></p>

<p>My employer operates in 25+ countries, including those where cannabis is legal.</p>

<p>The "absolute rule" remains valid across all the jurisdictions.</p>

<p>Drug testing laws vary from country to country.</p>

<h2>Personal opinion</h2>

<p>I think that I should keep cannabis away from work, I just hate all the social interactions with free alcohol at various company events...</p>

<p>In face-to-face conversations I'm always very friendly, polite, professional. Company is pushing agenda of LGBTQ+ gender diversity and equality, people are wearing the 🏳️‍🌈 lanyards. I'm aware of various legal issues: <a href="https://en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory" rel="nofollow noreferrer">https://en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory</a></p>

<p>I speak with them that what is legal or illegal remains largely arbitrary and I'm supporting facts, research, data, science.</p>

<h2>Question</h2>

<ol>
<li>I ask "can I organise a group"</li>
<li>They say "we a want drug test"</li>
<li>I say on what grounds?</li>
</ol>

<p><strong>Do I have grounds to ask on what grounds?</strong></p>

<p><a href="https://www.gov.uk/monitoring-work-workers-rights/drug-testing" rel="nofollow noreferrer">gov.uk</a> resource once again:</p>

<blockquote>
  <p>Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.</p>
</blockquote>

<blockquote>
  <p>Do I have grounds to ask on what grounds?</p>
</blockquote>

<p>Yes, although the issue of whether "<em>employee has grounds</em>" in and of itself has no relevance from a legal standpoint. </p>

<p>For instance, the employee might sense or believe that he is being <em>unjustifiably</em> singled out for drug tests. Thus he has <em>grounds</em> --even if only subjective ones-- to inquire of the employer what prompted the request for drug tests. However, the excerpt you reproduce nowhere indicates that the employer has an obligation to address the employee's inquiry.</p>

<blockquote>
  <p>Is asking HR department about self-organised interest group a sufficient reason to warrant a drug test?</p>
</blockquote>

<p>Perhaps, and most often also that is highly subjective.</p>

<p>Where "interest group" refers to a cannabis advocacy group, it is reasonable for the employer to conjecture that the employee is using drugs. That is because usually a person who is not into drugs is not into supporting them either. This means "<em>the employer has good grounds for testing</em>", especially if workplace policy aims to avoid any and all negative impact of alcohol or drugs.</p>
