Alcohol at work

Peninsula Team

November 29 2017

Christmas is fast approaching and here at Peninsula, we know that the festive season can give rise to HR problems. Christmas parties, in particular, tend to keep HR busy, when issues such as employees under the influence of alcohol at work arise.

Intoxicated at work

Peninsula’s 2014 survey showed that almost half of employees in Ireland admitted that they have been drunk at work. A survey was conducted on 1,353 employees in the Republic and the North between May and July 2014, and 595 employees (44%) admitted to occasions when they were drunk on the job.

But what should you do if you suspect that employees might be under the influence of alcohol?

What’s the cure?

You should deal with the situation as soon as possible ─ but be sensitive. Realise that being under the influence of alcohol at work is exposing the employee to risks. Allowing an employee to continue working could result in a serious accident, to them or another employee, which then could lead to a personal injury claim.

What’s your position?

In line with legislation, employers have a duty of care to provide a safe place to work. If you suspect that an employee may be under the influence of an intoxicant, discuss it with them. If you need to, send the employee home for the rest of the day.

Breathalyser tests should only be carried out when there is a policy in place. This should be done in the interest of the health and safety of the employee in questions, his/her work colleagues and any other third parties on the premises.  

You should also make sure that the employee who is allegedly under the influence will not be driving or cycling home. Instead, arrange a taxi for them.

What do I do when they return?

On the employee’s return to work, it would be advisable to conduct a back to work interview/ investigation with them. Following the investigation and dependent and the employee's response, an invite to a formal disciplinary may follow.

Be considerate

Incapacity at work whilst under the influence of alcohol could be seen as gross misconduct and can lead to employees’ dismissal. We do, however, need to be mindful that alcoholism is a disability under the Equality Act.

If an employee has shown up to work under the influence, contact us. Our dedicated advice team know the correct process to follow.

Need our help?

If you would like further complementary advice on alcohol at work from an expert, our advisors are ready to take your call any time day or night. Call us on 0818 923 923 or request a callback here.

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