I work in a warehouse environment, have not consumed medical cannabis while on duty and have passed saliva drug tests. Due to the potential of receiving training involving heavy machinery, I made my employer aware of my prescription, since then I have been suspended without pay and with no end in sight.
The suspension is entirely based on the fact that I possess a prescription for CBPMs, nothing relating to having being observed/tested under the influence.
Has anyone had experiences they are willing to share with regards to health and safety law, uncooperative employers, or workplace discrimination against your condition/medication?
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19 comments
Yvonne
- 4y
Rep: 4602 Lvl: Gold
*ring ring* it’s the equalities act calling
72
Timdude
- 4y
Rep: 3914 Lvl: Gold
You can get a representative from the Trade Union Congress who will attend any meetings with you. Also write a grievance letter/email to HR also.
https://www.tuc.org.uk/ or if in Scotland it is https://stuc.org.uk/
Also contact Acas to open a case
https://www.acas.org.uk/
33
Timdude
- 4y
Rep: 3914 Lvl: Gold
I have just been through this dm me if u like
25
Dudley86
- 4y
Rep: 5933 Lvl: Gold
Not a layer but have a law degree
Certainly a violation of the equality act, contact ACAS and follow their instructions on making an Employment Tribunal Claim. You can and are ment to do it yourself without a lawyer and you could win a lot of compensation (there’s no limit on a discrimination case, which this is - disability discrimination (check you meet the definition of Disabled under equality act, most long term conditions do)
10
KennethTix
- 4y
Rep: 4038 Lvl: Gold
Hi there,
I'm sorry to hear you are going through this. First off there is a procedure which I have attached in the link, it's in your best interest to contact your union. If not look into joining one, this will help with meetings with the company and legal assistance if required.
Challenge anything you feel is unjustified and ask for everything to be recorded an you MUST make sure you have a paper trail or witness to who said what.
I was suspended a year ago by my work for 2 months and when I returned I had asked to use my medication at work. Occupational health agreed and my work are refusing access to this. I'm now looking for a new job after months of discrimination and gonna go down the constructive dismissal path
Hope it works out for you
https://www.gov.uk/medical-suspensions-from-work
8
Davidt
- 4y
Rep: 4008 Lvl: Gold
Did they tell you why they closed your legaladviceuk post?
5
Richie
- 4y
Rep: 4049 Lvl: Gold
Check your handbook for their policies on controlled medicines. You likely should have been suspended with pay while an occupational health assessment is carried out. As others have said contact ACAS for support to file a grievance and join a union if you haven't already. Your local citizens advice may be able to provide some support as well if you're running into financial difficulty as a result and need access to local services.
4
Dudley86
- 4y
Rep: 5933 Lvl: Gold
Show your supervisor the law maybe, have them ring the clinic etc? Failing that finding legal representation might be only option. :(
4
Samhoi
- 4y
Rep: 5756 Lvl: Gold
Lets go through your contract with a fine tooth comb. Two things that may help you, contract and employee handbook
3
Spaceman7
- 3y
Rep: 3246 Lvl: Gold
What was the outcome for this ?
2
Stort
- 4y
Rep: 4229 Lvl: Gold
Sue. Literal discrimination
2
Cappy8
- 4y
Rep: 3781 Lvl: Gold
As far as my conversations have gone with my doctor you can legally drive a vehicle with THC in your system.
THC improves my ability to drive, of course highly dependant on strain. I am under the impression it is up to the patient to decide whether or not you are capable of driving or operating machinery in accordance to how your medication effects you.
Not sure that helps but it sounds like you may need to speak to your doctor and perhaps citizens advice. If citizens advice parr you off, something is very wrong with the current situation involving legal cannabis patients and people need educating.
2
Lodon
- 4y
Rep: 3538 Lvl: Gold
You passed a drug test that should be enough for an employer, alot of companies have zero tolerance to drugs.
I assume you have shown evidence that it's medical and legal
The amount of people that still believe it's still illegal is silly.
Good luck hopefully it works itself out quick and then put in for back pay when they give in.
2
greenrunner
- 4y
Rep: 3655 Lvl: Gold
Talk to the Union that organises at your place of work
2
Yvonne
- 4y
Rep: 4602 Lvl: Gold
You should still be paid, I've been at home with full pay including bonuses since November.
Occupational health says I'm fine to work and I got a solicitor involved, if I lose my job they are screwed.
1
Charlesfluit
- 4y
Rep: 4074 Lvl: Gold
Been on “special leave” for 4 months, provided my employer with letters from my prescribing clinic, shown them the changes in law, everything I can do to assist has been done. Union is backing me, still no word. O/H refused to listen and “implied” I was illegally getting weed online. Whole situation is starting to get to me to be honest
1
Ilona
- 4y
Rep: 3758 Lvl: Gold
Hi mate, i also work in a warehouse and consume my medication on my break. you are legally entitled to use your medication. what they are doing is breaking the law... sew them I guess
1
Bobarboy
- 4y
Rep: 3930 Lvl: Gold
It’s called discrimination…
1
Laker
- 4y
Rep: 4990 Lvl: Gold
Take it to a solicitor bud they can’t do that it falls under the disability act take them to the cleaners
1