Employers often find themselves ill prepared in how to deal with an employee who is found drinking alcohol at work. A recent case highlights some of the issues which employers face if they fail to implement and enforce a clear policy on alcohol in the workplace.

Michael Ball, employment partner at law firm, Halliwells:

Facts of recent case example:

A claim for unfair dismissal was made in the case of Sinclair v Wandsworth Council.

• In this case Mr Sinclair, a business support assistant, was found drunk at work twice. Sinclair was referred to the Occupational Health Service (OHS) and eventually gave his consent to allow the OHS doctor to contact his GP. Despite this, a disciplinary meeting was convened.

• Shortly before the meeting was held the claimant was provided with a copy of the employer’s alcohol policy for the first time. This policy stated disciplinary proceedings could be suspended while an employee sought help for drinking. The claimant requested a suspension of the disciplinary proceedings because he was cooperating with the OHS. However this request was refused.

• At the disciplinary meeting the claimant was dismissed. 

• Sinclair made a claim for unfair dismissal and won.

• The Employment Appeal Tribunal found that the dismissal was unfair as the employee should have been told of the company’s alcohol policy and the consequences of not seeking assistance much earlier in the process.

Your legal obligations

Employers are not obligated to have an alcohol policy in place. However many employers do find there are advantages to having a policy which deals with specific alcohol issues.

Having such a policy in place will make it easier for managers to deal with any alcohol related problem if and when it arises in the workplace. Employees cannot then claim that they were not aware of what is expected of them and the guidance should help management deal with all incidents in a consistent manner.

Your alcohol policy should include:

• The consequences of being drunk at work.

• Rules relating to an employee drinking during working hours.

• Guidelines on the disciplinary process.

• Specific provisions relating to alcohol dependency and treatment.

Communication of alcohol policy is key

If an employee is subject to disciplinary proceedings but was not told about the policy it could mean the dismissal is unfair.  Therefore it is essential that alcohol policies are clearly communicated to all employees as soon as they are implemented.

For more information:
Contact: Michael Ball
Email: michael.ball@halliwells.com