Claimant v Costco Wholesale UK Ltd
Outcome
Individual claims
The tribunal found the dismissal was for conduct (attending work under the influence of alcohol) which was a potentially fair reason. The respondent carried out a reasonable investigation using a third-party testing provider, followed a fair procedure including disciplinary meetings with right to accompaniment, and dismissal fell within the band of reasonable responses given the zero-tolerance policy and health and safety implications in a warehouse environment.
Claim was withdrawn by the claimant and subsequently dismissed by the tribunal.
Facts
The claimant, employed by Costco since 2002, was dismissed for reporting to work under the influence of alcohol on 18 April 2023. Colleagues reported concerns about her demeanour and smell of alcohol. She underwent four breath tests by third-party provider Synlab showing readings between 0.44 and 1.31. She challenged the reliability of the testing equipment and procedures. Following disciplinary meetings in April and May 2023, she was dismissed on 17 May 2023. A review of the dismissal was conducted in response to a late appeal request.
Decision
The tribunal found the dismissal fair. The respondent had a potentially fair reason (conduct), carried out a reasonable investigation by using an independent testing service and properly investigating the claimant's challenges to the results, followed a fair procedure including properly conducted disciplinary meetings and a review on appeal, and dismissal was within the band of reasonable responses given the zero-tolerance policy and safety-critical environment.
Practical note
An employer can reasonably rely on third-party professional alcohol testing results where it properly investigates and responds to challenges raised by the employee, and dismissal for breach of a zero-tolerance drug and alcohol policy in a safety-critical warehouse environment will ordinarily fall within the band of reasonable responses.
Legal authorities cited
Statutes
Case details
- Case number
- 2408757/2023
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Marketing Membership Clerk
- Service
- 21 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep