Rate this!
Paul Warmington
Member - 4 posts
What is the current legal position on cannabis? is it still considered an illegal substance following the recent downgrade?
If we felt that someone is under the influence of cannabis and may be carrying, would a search of the individual be reasonable in this case?
Our company policy allows us to carry out a reasonable search and also states that being at work under the influence of alcohol or non prescription drugs are prohibited.
Advice appreciated please.
Jem
Rate this!
Adrian Waltho
Member - 27 posts
Jem,
Cannabis is now a class C drug, so it is still illegal to possess.
If your company policy specifically states that working under the influence of drugs is prohibited and that you may conduct searches, especially for health and safety reasons, then you would be within your rights to conduct a search. It is the employer's duty to ensure a safe working environment, so if an employee's behaviour places the employee or others at risk, the employer could be prosecuted.
You should approach the subject with care, though, and be careful to keep the proceedings confidential. You should bring the company policy to the attention of your employee first and obtain written consent for the search to take place should you wish to proceed.
You may find the following article helpful in deciding your position on drugs:
http://www.workplacelaw.net/display.php?resource_id=3956
I hope this helps. Please get in touch if you need any more information.
Regards,
Workplace Law Network
0 (0)
