Your employer must rule out a medical explanation before assuming you are drunk
“Unfair dismissalA legal claim you can bring if your employer dismissed you without a fair reason or without following a fair process. You normally need two years of continuous employment to qualify, though some dismi..., disability discrimination, and harassmentUnwanted behaviour related to a protected characteristic, such as your sex, race, disability, age or religion, that violates your dignity or creates an intimidating, hostile or humiliating environment... all succeeded”
If your employer treats a symptom of your disability as a conduct problem without investigating it first, and then disciplines or dismisses you on evidence you were never allowed to challenge, you may have valid claims for unfair dismissal and disability discrimination.
- If you're accused of being "under the influence" and you know it could be your medication or a health condition, say so clearly and in writing, and ask what checks were actually done.
- You are entitled to know the reason for a suspension promptly, and to see and respond to any evidence used against you before a decision is made, not afterwards.
- If your employer already knew about your disability, get advice quickly. This can be central to both an unfair dismissal claim and a discrimination claim.
The situation
A customer liaison manager with a disability her employer already knew about took her prescribed medication at an unusual time of day and, back at her desk, became drowsy and confused. Three colleagues noticed but did not check on her, and she was left to drive herself home unassisted. The next day she was suspended without being told why. Days later she was accused of being "under the influence" of drink or drugs at work, based on anonymous, unsigned statements from colleagues she was never allowed to question.
What the tribunal found
The tribunal ruled the dismissal unfair. Her employer never tested its belief that she had taken drink or drugs, and never investigated the explanation she had actually given, that it might have been her medication. No reasonable employer would have dismissed her in these circumstances. The tribunal also found the employer had discriminated against her because of something arising from her disability under s.15 of the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a.... It failed in its duty to make reasonable adjustmentsChanges an employer must make under the Equality Act 2010 for a disabled employee, where without them the employee would be at a substantial disadvantage compared to non-disabled colleagues. What coun..., such as getting her medical help or making sure she got home safely. It also harassed her, partly by attaching a second, more critical round of unchallenged anonymous statements to her dismissal letter.
Ms S M Dallimore v AT Transport Solutions Ltd. Case 3306629/2024. Cambridge Employment Tribunal. April 2026.