Alcohol and drug dismissals

Reps are often called on to advise members facing conduct dismissals relating to alcohol or drugs. Many disciplinary procedures include being under the influence of drugs or alcohol at work as gross misconduct, leading to summary dismissal. Often taking or possessing (non-prescribed) drugs outside work is also covered. Employers must communicate their policy clearly to their employees and follow it properly. As always, reasonableness will be judged by looking at all the circumstances.

Where employers toughen up their policy, for example, introducing mandatory drug testing and “zero tolerance” of drug traces, without prior consultation and without offering support for employees with drug or alcohol problems, a dismissal can be unfair.

Some employers offer Employee Assistance Programmes to support to employees with an addiction problem. Failure to offer access to a programme where it is available could make the dismissal unfair.