Sexual Harassment Case

[babygirl704]

I have put a sexual harassment case against one of my colleagues at work as during a work event, he decided he could conveniently grab my bum. I was quite drunk but said dont touch me and walked off. There were witnesses that saw this event, so its pretty much a clear case. However, this colleague has now gone to HR saying (verbal accusation and nothing put in writing or statement available) that it was known that I was doing drugs on the premises (in the car park). My workplace are now asking me to carry out a drug test, but are they in their right to do this? It seems a bit coincidental that an accusation of this nature has come out of no where, and after I have put a sexual harassment case against him. Can i fight against the drug test?

Thanks for your help.

[des8]

Re: Sexual Harassment Case

Hi and welcome.

If your employer wants to carry out workplace drug testing on what grounds is he justifying it?
Heath and safety?
What does your contract say about it?
If it is not mentioned then they probably cannot enforce their request.
They need your informed consent before carrying it out.

Other employment specialists will be along with more in depth advice

[wales01man]

Re: Sexual Harassment Case

Why do you not want a Drugs test will stop the accusation dead when you pas

[NWHC]

Re: Sexual Harassment Case

If someone uses recreational drugs away from the workplace , so long as it doesn't affect their work, I personally see no harm. I must say I am not an advocate of illegal drug use but it is the thin end of the wedge.
What will they want to know next?

IT probably is no coincidence that the allegations have been made at this time . As already says what do your terms and conditions say about drug testing ?

[babygirl704]

Re: Sexual Harassment Case

Hi all,

Thanks for the feedback.

Please see below what my handbook for work says about alcohol/drugs:

The following policy forms an essential part of your contract of employment.
The company is committed to maintaining healthy, safe and productive working conditions for all employees.
The company recognises the impact that both drugs and alcohol may have, and as such, aims to ensure a
working environment free from the inappropriate use of substances where you are able to carry out your duties
in a safe and efficient manner. The company also recognises that it has a duty to protect your colleagues,
customers, suppliers and/or members of the public from any potential danger posed by an employee under the
influence of alcohol or drugs.
Due to the nature of the business, the company requires that you attend your work free from any influence of
alcohol or drugs. Accordingly, the company adopts a zero tolerance policy to alcohol or drug use, and the
company’s disciplinary rules on these matters are outlined below:
a. Failure to adhere to any of this policy or reasonable suspicion of failing to adhere to this policy may be
grounds for disciplinary action up to and including dismissal. Paramount in any disciplinary decision taken
will be consideration of the health and safety of you, your colleagues, customers, suppliers and/or members
of the public
b. For the purposes of this policy, company premises are regarded as the company’s own premises, company
vehicles, as well as customer, supplier and/or client sites
c. If you are found to be covering for a colleague who has failed to adhere or is reasonably suspected to have
failed to adhere to this policy, this may also be grounds for disciplinary action up to and including dismissal
d. If you have failed to adhere to this policy or are reasonably suspected of failing to adhere to this policy, you
may be required to undertake a test and/or you may be sent home without pay (for example, if you are unfit
for work) or you may be suspended on full pay pending further investigation or a formal disciplinary hearing.
16
In addition, you may also be required to undertake a test where you had have had involvement in a
workplace accident or an incident has caused or could have caused a danger to health and safety of yourself
and/or others

Its not so much about doing the drug test, but its the principle behind it. If I am honest I dont feel like the companys HR is aiding/supporting me on this matter, and told me in a meeting summary of what was happening with the sexual harassment case, that there has been an accusation (verbally) that I was doing drugs on the premises. She then asked me for a drug test, which I agreed to, however, I dont feel its been justified as to why they are doing the test?

[NWHC]

Re: Sexual Harassment Case

The problem with a drugs test, or so i am led to believe is that drugs such as heroin leave the body very quickly and leave no trace i.e in a matter of days whereas something like pot can be identified many days or even weeks after its use

http://www.drugs.com/answers/how-lon...tem-53067.html

[des8]

Re: Sexual Harassment Case

Presumably the firm would be using hair strand testing, which gives a record over a three to twelve month period.

[des8]

Re: Sexual Harassment Case

I just wonder what your firm's policy is.
They state :"the company requires that you attend your work free from any influence of alcohol or drugs" which is fair and proper
But they then state: ."the company adopts a zero tolerance policy to alcohol or drug use"

Does this mean you are never allowed to drink alcohol/ That would seem a step too far especially as you were at a firm's event and admit to being quite drunk.
Was the alcohol provided by the firm? If so what about their zero tolerance policy?,

Others versed in employment law might like to comment on this apparent anomaly

[Kati]

Re: Sexual Harassment Case

[MENTION=19071]teaboy2[/MENTION] [MENTION=26290]mariefab[/MENTION]?? any extra advice than what [MENTION=39710]des8[/MENTION] and [MENTION=78313]NWHC[/MENTION] have said??

[mariefab]

Re: Sexual Harassment Case

I suppose that the intention of the culprit was to cast doubt on the reliability of your account of the sexual harassment and/or deflect HR's attention away from it and onto you.
Even if HR think that this was the motivation for the drugs accusation once they heard it they needed to ask you to take a drug test because of the policy.

In a way it's good that he's made this accusation straight away. If he'd left it until a disciplinary hearing (potentially some weeks later) it could then be too late for a drug test to clear you. When taking action against someone accused of sexual harassment your employer needs to have a reasonable belief that the accusation is true. If you could have been high as well as quite drunk this could be a problem.

[babygirl704]

Re: Sexual Harassment Case

The thing is, I have a witness to the sexual harassment case, so surely the drugs test is negligible as it was witnessed by someone else (off my nut or otherwise)

[AR1]

Re: Sexual Harassment Case

I second ur stance on this. Drugs and sexual harassment are two different things and if for example, one is using drugs on the work place, it doesn't give one a right to harass him or her. According ot my knowledge, i think you're pretty right in your stance, although i'm not a legal expert. It would be good if you seek professional legal advice for this..!

[mariefab]

Re: Sexual Harassment Case

Does HR seem reluctant to progress your sexual harassment grievance?
Are they putting it on hold until the results of the drugs test?
Have they already taken written statements from you and your witness?

[teaboy2]

Re: Sexual Harassment Case

Unfortunately they do state in the policy that you may be required to take a drug test if they merely had reasonable believe that you may be under the influance of drugs or alcohol. You could argue that the allegation is false and amounts to victimisation (bullying by the colleague, to which the company is obliged to protect you from) and is a direct retialitatory allegation in response to your sexual harassment allegation against said colleague, in a written letter to HR. But then your best bet is to take part in the drug test, on the condition that the testing is performed by a registered medical professional at the companies expense (costs might put them off) and a copy of the results are sent to yourself too, whilst also giving them letter stating the above about his allegation being false etc! - Off the shelf drug testing kits aren't always accurate and can give false positives if your on perscriptions medication, unfortunately a number of employers prefer these kits.