A recycling company worker has won £33,000 after his bosses sacked him for using cannabis to treat his bad back.
Carl Pamment took the class-B drug for sleep aid after suffering extreme pain.
The panel heard that the marijuana was effective in helping the 32 year-old man return to work after being sick. His performance wasn’t affected.
His bosses disowned him after he passed a drug screening by Renewi UK Services.
Now, after Mr Pamment won his unfair dismissal case, a judge has ordered Renewi to give him his job back him and awarded him £33,766.
Carl Pamment started taking the class B drug not for ‘hedonistic’ reasons but to help him sleep after suffering severe pain, a tribunal heard (stock image)
Renewi tried to convince Paul Housego, Employment Judge, that Mr Pamment should not be reinstated.
They claimed that their drug policy would be undermined’.
Judge Housego stated that they were all based upon Mr Pamment’s past drug use and are not an actual loss of faith in him.
I find it practical and practicable to reinstate him.
I thought Mr. Pamment was making every effort possible to get employment at this time of extraordinary circumstances.
“He’s a person who didn’t have any qualifications and stumbled upon a job that he enjoyed and excelled at.
“It is difficult to envision him getting another similar job easily, given his past of back problems and the reason for his dismissal, even though his work is of an physical nature.”
Renewi dismissed Mr Pamment, the team leader of the team for gross misconduct. He was accused of being ‘under the Influence’ in his role as team leader and driver at the East London company.
However, the Poplar East London tribunal found that Pamment was a passenger, not a driver’s friend, and that Mr Pamment’s use of cannabis (as well as prescription morphine and other opiates) didn’t have any impact on his work.
Housego was an Employment Judge. He stated: “What’s undoubted? Mr Pamment’s back issue was completely genuine.
“He visited the doctor often. His epidural injection was scheduled. The pain was relieved with morphine patches, as well as other medication options.
He said that he tried everything. He was told by a friend that cannabis could help him, so he went to buy some.
“It helped him to sleep and the pain was a factor that prevented him from sleeping well. He was able to get back to work after his cannabis-based medication proved to be effective.
Now, after Mr Pamment won his unfair dismissal case, a judge has ordered Renewi to give him his job back him and awarded him £33,766 (stock image)
He was understandably upset when Mr. Pamment was fired.
Renewi was told he had quit using cannabis, and he even said a few words to Renewi that if he wanted his drug test results to be confirmed.
Judge Housego ruled that Mr. Pamment had been unfairly dismissed and stated that only because cannabis was legal, the reason that company fired him.
The judge stated that the firm hadn’t taken the facts into consideration.
Judge: “It’s unfortunate that…” [Renewi did not think it]It is important to note that Mr. Pamment suffered from a chronic and severe back problem. He had used cannabis …. for this reason. His motivation wasn’t hedonistic.
He said, “Mr Pamment had provided an entirely plausible reason for why he used the cannabis. He was not a recreational user.”
‘There were no instances of poor performance, and there was not concern raised about him or the work.
The true reason someone took cannabis was not taken into consideration. Similar for his many years of unblemished service. Because it failed the test without any evaluation of the facts, it was considered gross misconduct.
Judge Housego said:[Renewi]I found it important that Mr Pamment had not been prescribed cannabis from his GP. It lacks realism. I have not been presented with any evidence that GPs recommend cannabis to treat back pain.