Network Rail’s Response to Our Concerns: A Call for Fair and Transparent Policy

PatientsCann UK has been closely monitoring Network Rail’s updated Drugs & Alcohol Policy (NRA24-13). In a recent letter from the Director of Occupational Health & Wellbeing at Network Rail, the organisation reaffirmed its commitment to safety under key legislations such as the Health and Safety at Work Act 1974 and the Misuse of Drugs Act 1971. However, the blanket ban on unlicensed medicines (including cannabis-based products) raises serious concerns regarding fairness, employee rights, and compliance with the Equality Act 2010.

Discriminatory Policy Under Scrutiny

Network Rail’s response underscores the importance of safety in its operations, insisting that only licensed medicines with established safety data sheets be used by employees. While safety is paramount, this policy fails to account for individual circumstances and, in doing so, breaches the Equality Act on multiple grounds:

• • Discrimination on the Basis of Disability:
    The policy fails to make reasonable adjustments for employees with disabilities or chronic conditions, forcing them to choose between essential treatment and their employment. This lack of accommodation directly contradicts the legal protections afforded under the Equality Act 2010.

• • Discrimination on the Basis of Age and Gender Reassignment:
    By applying a uniform approach across all employee roles, the policy disproportionately affects younger employees and those undergoing gender reassignment. These groups often require tailored healthcare solutions, yet the current policy disregards their specific needs, further breaching the Equality Act 2010.

• • Misrepresentation of Unlicensed Medicines:
    In modern clinical practice, unlicensed medicines are frequently prescribed and subject to individual risk assessments. The blanket categorisation of these treatments as unsafe ignores the rigorous oversight provided by specialist consultants and the MHRA, which ensures that such treatments meet strict regulatory standards.

• • Inequitable Application Across Roles:
    The policy is applied uniformly to all employees, from safety-critical railway engineers to non-critical administrative staff. Such an indiscriminate approach does not account for the differing risk profiles across job roles and contributes to workplace inequity.

• • Data Privacy Concerns:
    Requiring employees to disclose sensitive medical information to justify their treatment risks breaching data privacy laws and undermines confidence in the handling of confidential health data.

Our Response and Future Directions

In our detailed response to Network Rail’s letter dated 12 March 2025, PatientsCann UK highlighted these critical issues and called for a transparent consultation process. We urged Network Rail to engage with trade unions, employee representatives, medical experts, and advocacy organisations to develop a fair and individualised approach to risk assessments that respects the rights of all employees.

Recognising the broader implications of this policy, our response extends beyond medical cannabis alone. It addresses the wider range of concerns that affect employees who rely on off‐label and customised treatments, ensuring that all individuals receive the support they need.

Expanding Our Efforts

PatientsCann UK is actively reaching out to employment and discrimination solicitors to explore legal avenues for supporting affected employees. We are determined to build a robust framework that challenges these discriminatory practices and safeguards the rights of those impacted by this policy. Our goal is to ensure that every employee receives the legal protection and support they deserve under UK law.

Call to Action

We invite all affected employees, advocates, and community members to join us in our mission for a fair and inclusive workplace. If you or someone you know has been adversely affected by Network Rail’s policy, please share your story with us. Your experiences are vital in shaping our collective response and driving meaningful change.

For further details on our response and to stay updated on this ongoing issue follow our social. And to catch up on our initial letter, please visit our open letter to Network Rail. Reach out today and join us in the fight for justice, equality, and respect for all employees.

PatientsCann UK is here to listen, support, and advocate for your rights. Together, we can create a workplace where safety and fairness go hand in hand.