In Truman v SPL Powerlines UK Ltd, Network Rail Infrastructure Ltd and Express Medicals Ltd [2026] EAT 54, the Employment Appeal Tribunal (EAT) considered disability discrimination issues arising from a failed drug test involving prescribed medical cannabis.
The claimant has genetic haemochromatosis and used legally prescribed medical cannabis to manage chronic pain. He applied for an office-based lift planner role with SPL Powerlines, which required Network Rail Sentinel authorisation. Express Medicals carried out the screening and recorded a fail, despite the claimant having disclosed his prescription. This triggered an automatic five-year Sentinel ban.
The original tribunal found that, under Network Rail’s Level 2 policy, the result should have been recorded as a pass, but dismissed the discrimination claims. The EAT held that the tribunal had applied the wrong comparator. The correct comparison was not with a non-disabled recreational drug user who failed, but with a non-disabled person who took and passed the test.
The EAT also confirmed that Network Rail was a “qualifications body” under sections 53 and 54 of the Equality Act 2010. The claims against Network Rail for discrimination arising from disability under section 15 and failure to make reasonable adjustments under section 20 were remitted. The claims against Express Medicals for instructing, causing, inducing or knowingly helping discrimination under sections 111 and 112 failed.
