Tribunal Rules Council Was Right to Ban Medically Cannabis-Using Worker from Driving

An employment tribunal has ruled that Kirklees Council acted lawfully when it banned a job coach from driving after she began using medical cannabis — a decision that underscores the tension between employee rights and workplace safety obligations.

The Leeds tribunal, which issued its ruling on July 9, 2026, dismissed disability discrimination claims brought by Lucy McCarthy, who had worked for the council since July 2021. The case serves as a stark reminder to UK employers that duty of care and public safety can override accommodation requests, even when an employee's treatment is linked to a recognised disability.

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What Happened

McCarthy, employed as a job coach in the adult social care department, began self-medicating with cannabis in 2023 following a diagnosis of borderline personality disorder. When council officials learned of her cannabis use, they suspended her from driving duties in 2024. Her employment ended in December that year.

McCarthy argued that the driving ban amounted to disability discrimination. The tribunal rejected this, finding that no reasonable worker would expect an employer to permit driving while using cannabis — particularly when the role involves responsibility for vulnerable adults.

The panel emphasised that the council's mandate to protect both the public and its own staff outweighed the requirement to accommodate McCarthy's specific treatment method.

Drug-Driving Now Outpaces Drink-Driving

The ruling comes against a backdrop of rapidly shifting enforcement patterns on UK roads. Data from 2025 shows drug-driving endorsements reached 30,707 — a 28% increase from 2022 levels. For the first time, these figures have surpassed drink-driving endorsements, which fell 17% to 29,981 over the same period.

Road safety organisations have described the trend as deeply concerning. Young drivers aged 17 to 24 are disproportionately represented, accounting for 18% of drug-driving endorsements despite making up only 6% of total licence holders. Around 44% of drug-driving offences in 2025 were attributed to repeat offenders.

Courts Maintain Tough Line

While the Leeds tribunal focused on workplace safety, other UK courts have continued to enforce stiff penalties for drug-driving. Earlier this week, a driver stopped on the A483 in late 2025 was banned from the roads for 17 months and recalled to prison after testing positive for cocaine and ketamine. In a separate case on the same day as the tribunal ruling, a 29-year-old man received a 12-month driving ban following a roadside stop in February where blood tests confirmed the presence of THC.

International Approaches Diverge

As UK courts maintain a firm stance on cannabis and driving, other jurisdictions are exploring alternative regulatory frameworks. On July 9, 2026, the New South Wales Government in Australia introduced the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026.

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The proposed legislation would create a tiered system for registered medicinal cannabis patients. Eligible drivers who are not impaired could avoid automatic penalties for the presence of THC if they remain below a 50 ng/ml threshold. The system would issue warnings for the first two detections, with fines and licence suspensions only applying upon a third detection. The programme would be restricted to unrestricted licence holders and would require participants to complete a mandatory education course.

In the UK motorsport sector, some organisations are also adjusting their approach. On July 4, 2026, the first motorsport team specifically for medical cannabis patients was launched after its founder was excluded from events sanctioned by the national governing body. The new team operates under NORA Motorsports, which used an evidence-based assessment to approve the participation of patients who use prescribed cannabis.

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