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Career Clinic: Random drug testing

Is random drug testing at work lawful and what happens if I get caught out?

My new employer has a random drug testing policy. I've always wondered whether this is lawful and what happens if you get caught out?

There are certainly arguments that it's unlawful - a breach of Article 8 of the European Convention of Human Rights (the right to a private life), no less. If the drugs are not taken during work time and don't affect your performance, conduct or attendance then what business is that of your employer?

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