Substance misuse at work

Substance misuse in the UK workplace is a daunting issue. It impacts not only the individual who may be misusing a substance, but also their work colleagues, their workplace environment, and their organisation’s productivity.

It doesn’t get much publicity because of the stigma associated with it. Even the commonly-used name of ‘substance abuse‘ carries with it the idea of wrong-doing, rather than mental disorder.

290,635 individuals contacted UK drug and alcohol services for help during the year ending March 2023. (gov.uk). Depending on which reports you read, something like 70% (that’s over 203.000) of those people are in employment.

And that number only accounts for the individuals who have taken the steps to get help from a specialist support service. What about all the others?

Understanding substance misuse at work

For the purposes of this post, ‘substance misuse’ includes what’s commonly called substance abuse and substance dependency or addiction. It refers to someone’s regular or continuing misuse of drugs, alcohol, or other substances to the extent that it affects their ability to perform their job safely and effectively.

Substance misuse also reportedly contributes to mental health issues, reduced productivity, increased accidents at work and higher absenteeism, not to mention potential legal liabilities and damage to an organisation’s reputation.

The law on workplace substance misuse

The UK has specific employment laws and regulations that address substance misuse in the workplace, and in particular:

The Health and Safety at Work Act 1974

If your performance at work is impaired by drugs or alcohol, it not only affects your own safety but also the safety of others in the same team or work space. The Health and Safety at Work Act requires employers to ensure the health, safety, and welfare of their employees, as far as reasonably practicable.

This includes having clear and up-to-date policies about substance misuse which also outline your employer’s practical approach to the issue, including prevention, support, and disciplinary measures.

The Equality Act 2010

The Equality Act requires employers to make reasonable adjustments for employees who suffer from conditions that qualify as disabilities. This could include health conditions such as substance dependency. See more below.

Responsibilities and rights of employees

All employees have a duty to take reasonable care of their own health and safety and that of others who may be affected by their actions at work. This includes adhering to their organisation’s policies and practices on substance misuse.

If you’re an employee with a substance misuse problem, you might be entitled to certain protections under the Equality Act 2010 if your condition amounts to a disability.

For a condition to be considered a disability under the Equality Act, it must have ‘a substantial and long-term effect on the person’s ability to carry out normal day-to-day activities, and to participate fully and effectively in working life on an equal basis with other workers’.

If your substance misuse qualifies as a disability, you may be entitled to protection from discrimination and could be eligible for reasonable adjustments to help you perform your job.

Disciplinary actions and dismissal

If an employer suspects an employee of substance misuse, they have the right to investigate and take reasonable action. This may include disciplinary measures, such as formal warnings, suspension, mandatory rehabilitation, and ultimately dismissal.

However, employers must handle cases of substance misuse sensitively and fairly.  Dismissal should be a last resort and only considered if the situation can’t be resolved through support and adjustments.

The dismissal process should also be in accordance with the Employment Rights Act 1996, ensuring that it’s fair and that the employee has been given an opportunity to explain their situation and to deal with their substance issues. It should also take account of the Equality Act 2010 if applicable (see above).

Sources of help for substance misuse

Help with employment law issues

If you think your employer is treating you unfairly because of your substance-related problems, then specialist employment lawyers like those at Monaco Solicitors can advise on your legal position.

Help to overcome substance misuse

If you’re struggling with substance misuse and want to overcome it, specialist help is available. Some employers offer support through Employee Assistance Programmes (EAPs), which provide confidential advice and counselling.

There are also a lot of specialist organisations offering help, such as: Addiction Helper, Rethink, Mind, and the NHS’s Talk to Frank helpline.