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RESEARCH / VERSION 1.1 / 16 OCTOBER 2026

Alcohol testing, fair procedure and compensation

A coach driver was dismissed after failing an alcohol test. The Employment Tribunal found dismissal unfair only because the internal appeal was unfair, rejected wrongful dismissal and reduced compensation. The EAT rejected challenges to the tribunal’s reasoning on those matters but identified an error in its calculation of future loss.

FieldEvidence
Reference period2025-10-21
CoverageEngland and Wales
StatusAppeal; remedy remittal
Source-check date2026-10-14
Case referenceDavidson v National Express Ltd [2025] EAT 151; EA-2024-000081-OO
Court / tribunalEmployment Appeal Tribunal
IssueAlcohol-related misconduct; unfair dismissal; remedy
Actual dispositionCalculation of the underlying compensatory loss remitted for fresh consideration. Challenges concerning the tribunal’s reasoning on Polkey, contributory conduct and wrongful dismissal failed.
Appeal / later history checkedThis is an appeal judgment. Remittal on compensation verified; subsequent remedy determination and further appeal not verified.
Authority levelEmployment Appeal Tribunal — appellate
Addiction / medication scopeAlcohol-testing misconduct; no addiction or disability-discrimination finding.
Targeted history checkTargeted GOV.UK web search did not verify a later remedy judgment or further appeal. No inference of absence.
Appellate reasoningCompensatory loss required a reasoned assessment of the evidence, rather than an unsupported age-65 cut-off. [Source: Paragraphs 53–65]
Operative dispositionPast and future loss were remitted. The existing percentage adjustments, basic award and rejection of wrongful dismissal remained undisturbed. [Source: Paragraphs 66–68]

Paragraph-backed propositions

Interpretation limits

An alcohol-testing misconduct case, not a finding of addiction or a disability-discrimination ruling. A finding of procedural unfairness does not mean that the underlying conduct was acceptable.

Sources

Cite this record

Civil Liberties Action (2026). Addiction and employment law: Alcohol testing, fair procedure and compensation. Record case-davidson-2025-eat151, version 1.1, 2026-10-16. https://cla-political-finance.copperchime4.chatgpt.site/databases/releases/2026-10-16-v1.1/records/cases/case-davidson-2025-eat151.html

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