Alcohol – more than a Christmas problem

by Hazel Phillips

A poll of 4,500 workers conducted by Onepoll on behalf of the hotel chain Travelodge in November 2007 showed that hangovers caused by Christmas parties could cost UK businesses £790 million this year in lost productivity.

Almost a third of respondents admitted to not making it in to work due to a hangover. Those that do make it in to work may not be much use to the employer, with one third of workers confessing to being sick at work and one seventh saying that they have tried to sleep off a hangover during work time.

The survey also found that the average worker spends 2 hours and 18 minutes hung-over and staring into space at work following their Christmas party. Across a workforce of approximately 29 million this equates to 63.2 million hours lost!

A wider problem

The results of this survey may come as no surprise, but you should not discount alcohol as a seasonal problem. Employment issues concerning alcohol go far beyond some festive overindulgence.

As Alcohol Concern point out:

‘We know that something like 17 million sick days are taken due to illnesses caused by drinking too much in Britain at an estimated cost of nearly £4 billion to the economy.’

Employers cannot turn a blind eye to this problem. If an employer knowingly allows a worker under the influence of alcohol to continue working and consequently places other workers at risk, the employer could be prosecuted under Health and Safety Regulations.

Aside from health and safety concerns, as a responsible employer you should seek to deal with any alcohol issues that arise, for the benefit of the worker concerned, others that have to work with that person and your business as a whole.

What should you do?

It is advisable to consider taking different approaches dependant on whether the alcohol issue is a one-off incident where a worker appears to be drunk or hung-over at work, or whether a worker appears to have a long term problem with alcohol.

A ‘one-off’ incident

The ‘one-off’ situation should be dealt with as a conduct issue which may result in a disciplinary sanction. Remember to follow the statutory disciplinary and dismissal procedure and to apply sanctions consistently whilst having regard to individual circumstances and a worker’s past disciplinary record.

Driving bans

If a worker loses their driving licence due to drink driving this does not necessarily mean that you are justified in dismissing them. Consider whether a driving licence is necessary for their job. If it is, then look at possible alternative employment for them within your organisation before terminating their employment.

Alcohol dependency

If the problem is one of long term dependency it may be more appropriate to deal with it as a capability/illness issue.

Alcoholism is not a disability within the meaning of the Disability Discrimination Act 1995. There is no duty to deal with the alcoholic as ‘disabled’ and no reasonable adjustments need to be made. However, illnesses such as depression or liver disease that are caused by alcohol do qualify as a disability and therefore further considerations will need to be addressed if these conditions develop.

Alcoholism is, however, a recognised illness and should be treated as such. Workers should be offered help and support wherever possible. Having said that, just because a worker is an alcoholic does not mean that you cannot discipline them for unacceptable conduct. Employers should be more tolerant if an employee admits to an addiction but only if they agree to seek help for their problems. Whatever steps are taken, you should always follow the statutory disciplinary and dismissal procedures when applying any sanction.
 
Investigation and testing

With any alcohol issue investigation is the key. It is important that you obtain evidence to back up any accusations. Gather witness evidence and, if applicable, carry out a test. Do not assume that an absence/behaviour problem is due to alcohol, investigate thoroughly and give the worker the opportunity to explain themselves and any evidence you obtain.

Testing for alcohol by the employer is a controversial issue and will only be justifiable and proportionate in certain situations. There is no explicit right to test your workers unless you have a clause in your contract and testing without consent may leave you open to an objection on Human Rights’ grounds.

Employers may find it easier to justify testing with cause, in other words testing following an incident that has given rise to suspicion but this is expensive. Random testing is difficult to justify and can only really be used on workers in safety sensitive jobs.

Workers should be forewarned in your alcohol policy if you intend to use testing. You must be clear regarding when testing will be carried out and on what grounds. Explain whether testing will be carried out with cause or on a random basis and whether testing will be applicable to all staff.

Remember that alcohol remains in the bloodstream for some time and that a positive result may not mean that a worker has been drinking at work, or is unfit to work. Seek to back up test results with other evidence.

If you do conduct testing then you must treat the results in accordance with the Data Protection Act 1998.

Prevention rather than cure

The problems employers face over the festive period highlight the importance of having an alcohol policy or a clear statement in a disciplinary policy that it is a disciplinary matter to attend work under the influence of alcohol or consume alcohol at work.

Employers should clearly restrict and define the instances where it is considered appropriate to consume alcohol at work and should deal with their approach towards testing for alcohol (if appropriate), making it clear that refusal to comply with the procedure or to undergo testing is a disciplinary matter.

An alcohol policy must be well publicised amongst your staff and adhered to by yourself as employer, as well as the workers. In the case of Sinclair v Wandsworth London Borough Council (featured in last month's e-bulletin) a dismissal was deemed to be unfair because the employer did not follow their own procedures when dismissing an alcoholic employee.

As an employer, dealing with alcohol related problems is often legally complex and time consuming, but alcohol in the workplace is quite simply a problem that you cannot afford to ignore.

If you have any questions regarding this, or any other employment issue then please do not hesitate to contact the Burnetts Employment Team on 01228 552222.

Back to Employment Law E-Bulletin Dec 2007

Read this month's cases in full

Dec 2007