Bath's former co-captains Michael Lipman and Alex Crockett will decide today whether to press ahead with claims for wrongful dismissal after losing their appeals against the nine-month bans received for missing two drug tests.

The players contended that there was no lawful basis for them to be requested by Bath to submit to extra testing, that they had reasonable grounds to not take the tests and that their refusal to take them was not prejudicial to the game. However, the three-man panel took less than two hours to uphold the 3 August finding that Crockett, Lipman and Andrew Higgins were guilty of conduct prejudicial to the interest of the game and would be banned until 28 February, 2010.

Higgins has since retired from the game but lawyers acting for Crockett and Lipman said yesterday that they expected to issue a statement about possible further action tomorrow.

Crockett and Lipman have always said that Bath put them in an untenable position during investigations into alleged misconduct during an unofficial end-of-season celebration in London.

The players' solicitor Richard Mallett said: "Michael Lipman and Alex Crockett are disappointed, surprised and upset by the RFU appeal panel's decision not to overturn their nine-month ban.

"The RFU have yet to indicate their reasons for rejecting the grounds of appeal. Until the RFU reveals to Mr Lipman and Mr Crockett why the appeal failed it is obviously difficult to comment further at this stage."

Six players were originally linked to allegations of drug use. Two took drug tests and were cleared. The Australian second row Justin Harrison immediately resigned from Bath and retired from rugby.