05/07/2023
ALCOHOL AWARENESS WEEK 3rd - 9th July 2023
In the UK alcohol consumption is regularly seen as a common part of social interaction. It is not uncommon to hear people talk about celebrating over drinks or relaxing with a drink. For some employers (albeit declining numbers) socialising and/or networking over drinks forms part of the workplace culture.
For most people who drink socially in their own time, there is no reason for alcohol to impact them at work (through absence or poor performance). If, however, an individual’s health suffers because of alcohol use, or they attend work while under the influence of alcohol, then it can become a serious workplace issue
Employees attending work under the influence
There is no specific law against drinking at work. Health and safety legislation may indirectly prohibit the consumption of alcohol for some roles (for drivers or people operating machinery, working in health and safety critical roles etc) but for many it is for the employer to identify and educate employees on the standards that they require in the workplace. Having clear policies and procedures that have been communicated to employees will make it a lot easier for employers to enforce the standards that they require of employees.
Even in the absence of a clear company policy, an employee attending work under the influence of alcohol is likely to cause serious concerns for an employer, ranging from health and safety concerns about physical wellbeing depending on the work environment, to concerns about a lack of fitness to work impacting productivity.
The first step is to investigate the basis for any concerns: in the absence of an agreed policy around alcohol testing, the employee suspected to be under the influence of alcohol should be asked if (and when) they have consumed alcohol. It is wise to have a second witness present (who can observe any indicators of alcohol consumption).
If an employee is found to be unfit to work as a result of alcohol consumption arrangements should be made to ensure that they are sent home safely (checking of course that they do not intend to drive or use any form of bike or scooter).
You should follow your own disciplinary procedure, in the same way as any other suspected misconduct, to investigate and, if necessary, conduct a disciplinary hearing.
Where alcohol-related incidents occur, it is crucial to conduct thorough investigations to gather facts and take appropriate actions to avoid discrimination and ensure the appropriate handling of alcohol dependency issues (see HSE for signs of alcoholism). We can assist in conducting impartial investigations, interviewing relevant parties, and documenting findings in a way that offers legally and commercially sound solutions.
There are steps that you can take to avoid alcohol issues in the workplace, including:
1. Ensuring that contracts set out clear requirements for staff
2. Have a drug and alcohol policy that reflects your approach to alcohol as an employer
3. Educate staff on the standards that you expect
4. Monitor compliance and wellbeing in the workplace
As experts in this field we can help you navigate the complexities associated with alcohol-related challenges, ensuring legal compliance, promoting employee well-being, and safeguarding your organization's reputation.
Reach out to our HR & Employment Law experts today, and let us guide you towards creating a workplace environment that supports your employees' well-being and your company's growth. .