Why Tribunals Are Overturning Workplace Substance Misuse Dismissals and How Better Testing Protects Your Business

Employers across the UK are discovering a hard truth: dismissing someone for being “under the influence” at work is no longer as straightforward as it once seemed.

Employment tribunals are increasingly ruling against companies that rely on a single test result or vague observations, demanding instead clear evidence of impairment and a fair, proportionate process.

Automatic dismissal policies, where any positive test equals instant termination, are being overturned because they fail to account for context, role risk, or the employer’s own promises of support.

Recent tribunal cases highlight the dangers of relying on blanket approaches. In one instance, a long-serving worker was dismissed after failing a cannabis test, but the tribunal found the employer had ignored its own rehabilitation policy and ruled the dismissal unfair.

In another case, an employee accused of smelling of alcohol was dismissed on the spot, yet the tribunal decided there was no proof of incapacity and the employer had failed to investigate properly. Even dismissals linked to intoxication at work events have been overturned where the process was rushed or inconsistent.

The risks for businesses are significant. Losing at tribunal not only means financial penalties but also reputational damage and weakened employee trust. A zero-tolerance stance might feel safer, but when applied without nuance it can backfire badly, particularly in roles where safety risks are low.

What employers need instead is a framework that links substance misuse policies to the realities of different job roles, balances fairness with accountability, and documents every step.

That is exactly what the Better Testing model provides. It ensures policies are risk-based, recognising the difference between safety-critical and low-risk positions. It sets out clear thresholds and investigation steps that will stand up to scrutiny in a tribunal. And it builds in support pathways, so first incidents can be managed in line with ACAS best practice rather than resulting in costly disputes.

With full documentation and training, employers can demonstrate that their actions are consistent, proportionate, and fair.

Tribunals are sending a clear message: fairness and evidence matter. By adopting Better Testing, businesses not only protect themselves legally but also build stronger, safer, and more supportive workplaces.

Ready to safeguard your company against costly tribunal risks? Contact us today to find out how our consultancy packages can protect your workplace.