As an employer of van drivers, can we introduce random testing of our employees for alcohol, drugs or solvents misuse?

A:

Employers cannot simply demand that their employees submit to random testing. Testing without the consent may be a criminal assault that could result in the employee resigning and claiming constructive dismissal.

Issues of privacy and data protection are also associated with alcohol and drug testing, although random testing of employees is not a breach  of the Human Rights Act, particularly where the employee has personal responsibility for public safety.

Make it a clear condition in your pre-employment interview and company policy that all employees may be subject to random testing – and ensure that the employees’ contract of employment states this as well.