While being drunk at work is not in itself a criminal offence in the UK (except in certain regulated industries), employers are still within their right to take disciplinary action – including dismissal – if an employee is under the influence of alcohol at work and this affects their performance, behaviour or safety. Often, disciplinary action is taken before the decision is made to dismiss the employee in question.
There are legal implications for all of those involved if an employee is intoxicated. Under the Health and Safety at Work Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and others affected by their work. An intoxicated employee may present a health and safety risk, particularly in safety-critical roles.
Although there is no specific law banning alcohol consumption in the workplace across all sectors, organisations can implement their own policies banning alcohol consumption during working hours or while on duty.
When it comes to dismissal, employers must handle the situation with care and follow a fair disciplinary process, in line with their internal procedures and the ACAS Code of Practice on Disciplinary and Grievance Procedures. If the employee’s conduct amounts to gross misconduct, for example if they are intoxicated and causing harm and danger to others, or is causing disruption, then dismissal may be fair.
