We have a number of work-related social events coming up over the festive period, but I have concerns about employees who may over-indulge at these events and either return to work or come in the next day still under the influence of alcohol. How do I handle it?


Rachel Richardson, Tughans writes:


The risks associated with employees being under the influence of alcohol at work will vary from employer to employer and will largely depend on the nature of the work being performed. In some workplaces, for example those involving the operation of moving machinery, employees who attend work under the influence of alcohol may present an immediate and serious danger to themselves and others. In others, such as office environments, the risks may not be quite so apparent and, particularly during the festive period, drinking at work-related social events may be commonplace.


You have not indicated the type of work you are involved in, but you are right to be concerned as alcohol consumption can:

• interfere with work performance, attendance and productivity;
• impair judgment and decision-making;
• lead to irresponsible behaviour, potentially damaging the Company’s reputation; and
• increase the potential for problems between staff due to aggressive, violent or harassing behaviour that may result.

Reducing the Risks


To reduce the potential effects of alcohol at work, you should ensure that your disciplinary rules accurately reflect your Company’s approach to alcohol misuse ie. whether you adopt a zero-tolerance approach to the consumption of alcohol, or permit drinking as long as staff remain professional and fit for work and do not act in a way that will have a detrimental effect on the Company’s reputation.

Whatever the approach adopted, your examples of gross misconduct will normally include something along the lines of "serious incapability at work brought on by alcohol or illegal drugs". If you adopt a zero tolerance approach to alcohol use by employees however, you should also make clear that being under the influence of alcohol to any degree during working hours will be treated as gross misconduct and could result in summary dismissal.

You should also ensure that your disciplinary rules forbid the type of behaviour that may occur as a consequence of employees being under the influence of alcohol, for example:

• obscene language or other offensive behaviour;
• negligence in the performance of duties;
• physical violence, bullying or threatening behaviour;
• bringing the organisation into serious disrepute;
• causing loss, damage or injury through serious negligence; and
• breaching health and safety rules.

In addition to disciplinary rules, it is advisable to implement a specific policy on alcohol in the workplace. By adopting a policy on alcohol misuse (which may be combined with your policy on drug misuse) you can set the required standard, specify your expectations and help to ensure that employees who attend work under the influence of alcohol are treated consistently.

An alcohol policy should include:

• an explanation of what kind of behaviour is, and is not, tolerated;
• an explanation of what action the Company will take if an employee is under the influence of alcohol at work;
• if appropriate, provision for testing for alcohol; and
• how you will support employees who have an underlying alcohol addiction problem.

It is foreseeable that during the festive period some employees' alcohol consumption may increase due to long lunches and social events. To deal with your concerns, it is advisable to remind employees of your alcohol use policy (or your disciplinary rules if you have no specific alcohol policy) and the consequences for employees if they fail to comply with required standards. This could be done by way of a general announcement to all employees via email, staff memo or other means. By doing so, you may reduce the number of alcohol-related incidents and be in a better position to defend claims of vicarious liability for employees' actions.

If you suspect that an employee is under the influence of alcohol at work you should act immediately to reduce the risk of negative consequences and demonstrate that you are taking the matter seriously. An employer confronted with an employee who appears to be under the influence of alcohol should:

• hold a brief meeting with the employee to assess the seriousness of the situation;
• remind the employee of its policy on alcohol misuse (ie that there is a zero tolerance policy or that sensible drinking only is permitted);
• remind the employee that a breach of the policy may lead to disciplinary action;
• inform the employee if he or she is alleged to have breached other disciplinary rules, for example he or she has been aggressive towards others;
• send the employee home if he or she poses a health and safety risk and/or is incapable of carrying out his or her role;
• suspend the employee pending further disciplinary investigation if necessary;
• arrange transport home for the employee if necessary; and
• call the police if the employee is aggressive and/or refuses to go home.

If an investigation into an employee's conduct reveals that there is a disciplinary case to answer, you should consider taking formal disciplinary action. Whether or not disciplinary action is appropriate however, and the sanction that should be imposed, will depend on the particular circumstances.

By taking formal action you will send a message to employees that the Company considers alcohol misuse to be a serious issue that will not be tolerated. As with any disciplinary matter, the disciplinary process should be applied fairly and consistently to avoid allegations of unfair or discriminatory treatment.