London Underground Limited (LUL) - Recent Cases involving Drugs & Alcohol

Our ref: HSR

Head Office Circular: NP/050/25

13^th March 2025

To: The Secretary

ALL LUL BRANCHES

REGIONAL COUNCILS

 

Dear Colleague

 

LONDON UNERGROUND LTD (LUL) – RECENT CASES INVOLVING DRUGS & ALCOHOL

 

Your Hammersmith and City Line branch submitted the following resolution:

 

This Branch notes the increase of recent cases involving D&A (Drugs & Alcohol) on London Underground Ltd (LUL) of which have mostly resulted in Gross Misconduct charges and subsequent dismissal from employment.

 

This Branch is aware that in 2016 LUL introduced a ‘contract’ system to anyone who declared a problem with Drugs and/or Alcohol to the employer who was offered treatment i.e. residential rehabilitation, under the employers D&A policy.

The employer, as with all railway operators in the UK, has a duty under the Transport & Works Act 1992 to not only monitor employees for the use of illicit substances but also offer assistance to any employees who declare any such additions.

 

Prior to the 2016 introduction of the ‘contract’ systems on LUL many employees who relapsed after attending rehab facility were given further assistance so long as they were honest with the employer and declared this (i.e. before being subject to a random test). Furthermore, someone who may have entered into a rehab programme, for example for an addiction to crack cocaine, would not have been expected to abstain from alcohol, both in and out of work, for the rest of their career. It is the view of this Branch that this is overbearing.

 

This Branch questions the legality of such contracts, and also the unwillingness of the employer to even accept that some employees may relapse after undergoing any kind of rehab treatment. Whilst we accept that there needs to be control methods to prevent railway staff being on duty whilst under the influence of drugs and/or alcohol, these contracts that addicts/ex-addicts are being made to sign are a step too far and constitute a breach of their human rights.

 

An example of a such contract is attached and we request the NEC to instruct the RMT Legal Team to look into this and provide a report back regarding the legal stance of LUL forcing employees to sign such a contract.

 

Furthermore, we would like the NEC to research and report back on policies of other TOCs of which the RMT have recognition, regarding this matter, for the purpose of comparison.

 

At its meeting on 11^th March 2025, your NEC resolved as follows:

 

            That we note the resolution from our Hammersmith and City line Branch and thank them for it.

 

            We instruct the general Secretary to obtain a report on this matter from the lead officer. We also instruct the General Secretary to furnish the LEAD Officer with legal advice for this report.

 

            Branch to be informed by email and text.

 

            I am acting in line with these instructions. Please bring this circular to the attention of all relevant members.

 

Yours sincerely,

 

 

 

Eddie Dempsey

General Secretary