Truth or Myth?: Substance abuse amounts as grounds for dismissal

This is a myth. As economic times get harder, more and more employers are faced with the problems that substance abuse brings to their companies. Whether this be alcohol or drugs the problems are generally the same but many wrongly believe that substance abuse amounts as grounds for instant dismissal.

There are two ways that employers are introduced to this problem. The first being if an employee is under the influence of substances whilst at work and the second is finding out that the employee consumes substances in their private time.

If an employee is found to be abusing substances/ under the influence whilst working this can cross many boundaries of acceptable behaviour. Despite this, an employer’s stance should be one of support, not blame.

The employee should be suitably reprimanded for their actions but given the chance to heal their addictions. The behaviour should be discussed and health care offered by way of occupational health. Then, if needs be time off should be given, paid if possible to reduce any further stress, for rehabilitation. If this is successful then full working capabilities can be resumed. If treated like an illness rather than bad behaviour your employees are more likely to come to you in times of need. Especially if their ability to work effectively is confidentially discussed and highlighted as an issue.

This process of rehabilitation must work both ways if dismissal is the least preferable option. As well as employers having a duty of care (under the Health and Safety Laws of the UK), employees also have a duty to turn up to work in a fit state. If this is not abided by then the employee should be temporarily sent home, pending discussions. In cases of substance abuse, in no way is immediate dismissal prohibited by law.

If an employee is found to be abusing substance in their spare time then employment law becomes a little trickier. Unless the employee is outwardly unfit for work as a result of this substance abuse then not much can be done immediately. In cases such of this, suspicions of substance abuse must be discussed with the employee and if correct, occupational health should be offered.

The Government offers many great forums and call centres for confidential advice on addiction and substance abuse. For full effect, make sure that your employees know of these and they may seek help for themselves.

Unless it is stipulated in the employee’s contract, random drug testing is not allowed. If this is stipulated then employees must be given all up to date knowledge, such as how long drugs stay in the bloodstream and the longer term effects of failing a drug test. In 2012 only 4% of workplaces carried out random drugs testing as many tribunals have occurred following on from drug testing in the work place. However, if introduced and carried out properly, they can work out for the best for both employee and employer.

If your work place would like help to introduce stricter substance abuse policies to their employee’s contracts, it is best to seek representation when doing so to avoid fall outs and tribunals. Honeydew Health can aid the process by arranging full health and substance abuse testing for your company. Just get in contact.