A former Wickes manager who was dismissed for cocaine use has been ordered to pay the company £3,408 after an employment tribunal dismissed her claims of unfair dismissal and disability discrimination. Jasmin Unsted, who denied using cocaine on company premises but admitted to taking the drug the night before her shift, brought the case against the DIY retailer. She also cited discrimination linked to her Attention Deficit Hyperactivity Disorder (ADHD).
The tribunal was told that Ms. Unsted, a mother of three, had been unusually quiet at work following a night of drinking but later returned to her typical “loud and chatty” behavior after making several visits to the restroom. A colleague found white powder on a windowsill in a cubicle that the duty manager had used. When asked to take a drug test, Ms. Unsted declined, maintaining she had not used cocaine at work.
Wickes subsequently terminated her employment. In court, Employment Judge Lise Burge stated that even if the dismissal had been deemed unfair, which the tribunal rejected, Ms. Unsted’s conduct was "culpable and blameworthy" given the illegal nature of cocaine and the safety concerns outlined in the company’s Alcohol & Drugs policy. The judge emphasized that the policy addresses the risks associated with drug and alcohol use in the workplace.
The tribunal deemed Ms. Unsted’s discrimination claim “unreasonable” and found no “objective” prospect of success. Wickes had incurred £15,173 in legal costs defending the case, and the tribunal ordered Ms. Unsted to contribute £3,408 toward those expenses.
The ruling underscores the challenges employees face when contesting dismissal related to substance misuse, particularly when company policies clearly address such behavior and its workplace safety implications.
