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In the summertime when the weather is hot…

By Jennie Jahina

Wilson Browne

Solicitors

FROM 1 June, Northamptonshire Police started a campaign focused on reducing the number of drink (and drug) drivers in the county.

This is obviously timed to coincide with those long, hot summer nights when many enjoy a long cold drink at their favourite pub, or perhaps ‘have a few tinnies around the barbecue’.

In 2016, 720 people were arrested in Northamptonshire on drink drive charges – that’s potentially 720 employees, managers, directors or business owners who can no longer drive for work and the loss of whom could be significant in terms of financial cost.

Whilst we may traditionally associate Christmas as the time when alcohol consumption is at its highest, summertime should also feature on an employer’s radar.

The misuse of alcohol can be a serious matter for an employer – it can lead to problems with absenteeism, reduced productivity and increase the likelihood of workplace accidents. Guidance by the Health and Safety Executive explicitly warns employers that knowingly allowing an employee to work under the influence of excess alcohol could represent a breach of their duty to ensure the health, safety and welfare at work of its employees.

Nevertheless, however serious the situation may seem, it is important for employers not to make a knee jerk decision if confronted by an employee who is suspected of being under the influence in a work environment. Certainly, dismissal by an employer in the absence of any attempt to understand the full circumstances may well result in a finding of unfair dismissal.

Understanding the circumstances may well encompass obtaining advice from both the employee and medical professionals. Adopting such approach will enable the employer to identify how to deal with the situation – including whether suspension and/or support should feature in the overall process.

Employers may also benefit from the introduction of a policy dealing with alcohol and drugs in the workplace. An effective policy will both provide a framework for dealing with these matters and ensure that employees are dealt with in a consistent, fair and appropriate manner.

For more advice on this and other employment law related issues, contact Jennie Jahina on 01604 876697.

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