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In Truman v SPL Powerlines UK Limited & Others [2026] EAT 54, the EAT considered whether a disabled individual who tested positive for cannabis due to prescribed medical use had suffered a substantial disadvantage as a result of workplace testing requirements.
The Claimant who suffered from a chronic condition, tested positive for cannabis due to prescribed medical use and was consequently refused employment and barred from working in the rail industry for five years.
Although the Tribunal had accepted that the testing policy had been incorrectly applied and that the Claimant should have been treated as having passed the test, his claims for discrimination were dismissed.
EAT Decision
On appeal, the EAT confirmed that Network Rail could potentially be regarded as a “qualifications body” because certification was required before individuals could access employment opportunities within the industry.
However, the EAT found that the Tribunal had made errors when assessing whether the Claimant had suffered a substantial disadvantage because of the way the policy was applied.
The case has therefore been remitted to the Tribunal for reconsideration of those issues.
The decision serves as an important reminder that employers should not rely solely on the existence of workplace policies when making decisions affecting disabled individuals.
Employers should ensure they:
- Assess each case individually.
- Consider the impact of policies on disabled workers and applicants.
- Properly evaluate whether reasonable adjustments are required.
While safety remains paramount in regulated industries, this case demonstrates that employers must carefully balance safety requirements against their obligations under equality legislation.
A failure to properly assess disadvantage and consider reasonable adjustments may expose employers to disability discrimination claims, even where policies are intended to promote workplace safety.
Need advice on disability discrimination, workplace drug testing or reasonable adjustments? Backhouse Jones’ employment team can help employers navigate complex workplace policies while minimising legal risk. Contact our team today.
This article was written by Gabrielle Scriven.