UK:
HOLIDAY GIRL GETS SACK AFTER DRUGS TEST FAILURE
Source: Hemel Today
Date: January 10 2007
Author: Julie McCord julie.mccord@ccnltd.com
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A Haven Holidays salesgirl, who insists she has never smoked cannabis in her
life, is in shock after being sacked for failing a random, company drugs test.
Teetotal and non-smoking 23-year-old Kelly Frearson, of Benchleys Road in
Chaulden, is one of two employees dismissed by Bourne Leisure, after four
members of staff were drug tested.
Another two workers, who were also randomly picked to take the test, were given
the all-clear and have kept their jobs.
Kelly has worked at the holiday firm's call centre in Hemel Hempstead for two
years. During that time she has received letters from her bosses in praise of
her hard-working, conscientious and courteous approach to the job.
When Kelly turned up for her shift at the holiday call centre on Park Lane in
mid December she was a little surprised to be asked to take a drugs test but
was aware she had signed a form, agreeing to do so if requested, when she
joined the firm .
Kelly said: "Most of the staff had been at a Christmas party the night
before but because I don't drink I hadn't gone. It was a bit of a shock to be
asked to take a drugs test but I wasn't at all worried because I've never taken
any illegal substances.
"I was shown into the disabled toilet and asked to provide a urine sample
which they explained would be sealed and sent away for analysis. It was all
pretty degrading but, frankly, I didn't think any more about it."
A week later Kelly received a call on her mobile from her boss asking her to go
into the office where she was told the test had come back positive.
"I was dumb-founded because I've never taken any drugs and here I was
being told I had tested positive for cannabis. All I can think is that my
husband, Barry, 31, does smoke cannabis to help with his depression and other
illnesses, following the loss of his valeting business on the industrial estate
after Buncefield. So maybe my positive test was a result of passive
smoking."
But the company told Kelly her level was above the limit permitted by the drug
testing laboratory for passive smoking and a disciplinary hearing was scheduled
for the following day.
At that hearing Kelly says she was asked to resign. But when she flatly
refused, because she is convinced of her innocence, Kelly was formally
dismissed for failing the drugs test.
Now she plans to appeal and the company has refused to comment on her
individual case, as it is the subject of an appeal.
A statement issued by Bourne Leisure said: "All team members must agree,
in writing, to undergo testing and are supplied with the Team Handbook,
explaining the company's policy on alcohol and drugs. This applies to every
member of staff, up to and including director level.
"The tests are carried out independently by an internationally recognised
laboratory.
"They normally select members of staff by randomly choosing payroll
numbers, unless other grounds give rise for concern.
"To avoid any confusion, the effects of passive smoking are allowed for in
the analysis of the results.
"If a test is positive, the member of staff concerned is suspended pending
a disciplinary hearing. Everyone who has failed a drug test has consequently
been dismissed from the company.
"On the subject of alcohol, we are clearly on the alert for any members of
staff who may appear to have a problem.
"While alcohol is not an illegal substance, we will not tolerate any
member of staff being under the influence."
The statement added that Bourne Leisure has a counselling service to assist and
advise members of staff who voluntarily seek help. If they abide by the
conditions laid down by the counsellors, the company will work closely with
employees in attempting to resolve the situation.
Legalise Cannabis Alliance spokesman, Don
Barnard, said permitted levels for passive inhalation in drug testing are
highly controversial and he argues, they are much too low, as well as being
open to distortion by some over-the-counter medicines.
He said that several cases, similar to Kelly's, have arisen in British industry
in recent years.
Mr Barnard said: "Not many people know about them because the employees
concerned have wanted to keep a low profile.
"In one instance, a woman who applied for promotion and consequently had
to take a drugs test, ended up sacked instead, even though she maintained she
had never taken an illegal substance.
"The fact that Kelly has refused to quietly resign and instead speak out,
screams out that this is an injustice and she is not guilty of anything."
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