Liquid lunches: should employers adopt a zero tolerance approach?

Over time, lunchtime drinking has become widely socially acceptable and tolerated by most organisations. However, alcohol misuse can impact on an employee’s conduct or performance and employers may wish to consider whether or not they should prevent employees from drinking alcohol during the working day.

There are situations where drinking alcohol on an occasional basis may be acceptable, for example at networking events, client engagements, business travel or work related social events. However, a culture of regular liquid lunches is another matter and employers may wish to adopt a zero tolerance approach.

Lloyds of London recently provoked indignation after announcing a strict 9am – 5pm ban on drinking alcohol after it was revealed that 50 percent of grievances and disciplinary procedures related to alcohol misuse in the workplace. However, this stance is not as unusual or outrageous as it may seem as employees in the manual and transportation industry are already accustomed to strict rules on alcohol consumption during the working day. Under the Transport and Works Act 1992, it is actually a criminal offence for employees to be under the influence of alcohol whilst working on railways, tramways or other transport systems.

It is well known that the effects of alcohol can include a change in mood or behaviour, impaired judgment and coordination, slower reaction times etc and it is a wonder therefore why so many employers do not have a policy on drinking alcohol during the working day!

Whatever your stance, we would advise you to have an alcohol policy in place and set out below some guidance for you to consider:

1. Employers should implement an alcohol policy which can be consistently and fairly applied. The policy should be clear and outline circumstances where drinking alcohol may be permitted and when it is unacceptable. The policy should make clear the consequences of any breach.
2. All employees should be given training on any alcohol policy. It is a good way for employers to raise awareness about the consequences of alcohol misuse and alert employees to any disciplinary action which may be taken.
3. Employers should consider their duty of care to employees who drink alcohol at work related events and remember that some young members of the workforce, e.g. apprentices may not be old enough to consume alcohol. Employees should be advised to make alternative travel arrangements or abstain from drinking alcohol if they are driving.
4. Consider adopting random screening or testing if you reasonably believe that employees are failing to adhere to your alcohol policy. Alcohol testing is intrusive and would be considered unjustified if an employee was unnecessarily required to take a test without a legitimate aim or in accordance with the law. You would need to consider the circumstances in which a test may be required and the consequences for refusal or failure.
5. Employers should always be mindful of their legal obligation to provide employees with a safe working environment and maintain the health, safety and welfare of their employees. You should assess the risk of alcohol specific to each individual’s working environment. For example, some employees may be required to operate machinery, drive fork lift trucks or work with hazardous substances. If their judgement or performance is impaired by alcohol, this can affect not only their own safety, but that of others who may have abstained from alcohol and can reasonably expect to be working in a safe environment.

How can Askews help you?

If you require assistance with drafting a tailored alcohol policy for your workplace, contact Lianne Payne, Head of Employment, or Sanina Sangha.

E: lianne@askewslegal.co or sanina@askewslegal.co

T: 024 76 231000

For advice about any other legal matters, please Click Here to enquire or call us on 02476 231000. Confidential Quick service assured.

Askews Legal LLP – Solicitors Coventry.