In this month’s article we look to the impact of Drugs and Alcohol when it comes to the workplace, as well as our role as employers.
When an employee arrives at work smelling of alcohol, Northern Ireland employment law expects you to act fairly, proportionately, and with a focus on safety. You’re not expected to diagnose intoxication, but you are expected to manage risk and follow a clear, reasonable process.
a) Prioritise safety
If the employee’s role involves driving, machinery, caring responsibilities, or any safety‑critical tasks, remove them from duty straight away. You don’t need proof of consumption — the smell alone can justify precautionary action because of the potential risk.
b) Speak to the employee privately
A quiet, respectful conversation protects dignity and avoids assumptions.
Keep it factual and neutral e.g. “There is a noticeable smell of alcohol, and I’m concerned about your fitness for work.” Avoid accusing them of being drunk.
c) Assess fitness for work
You’re looking for slurred speech, unsteady behaviour, confusion or impaired judgement or inability to perform normal tasks. If they appear unfit, send them home safely (e.g., another employee, taxi or family member). Do not allow them to drive.
d) Follow your Alcohol & Substance Misuse Policy
If you have one, it should outline:
If you don’t have a policy, you still act reasonably and consistently — but this is a good time to create one.
e) Record the incident
Document what was observed, who was present, what was said and actions taken. This protects you if the issue escalates.
f) Decide whether it’s misconduct or a welfare issue
In NI, employers are encouraged to distinguish between:
If you suspect dependency, consider:
g) Consider disciplinary action (if appropriate)
If the employee was unfit for work or breached policy, you may proceed with:
As always ensure the process follows the Labour Relations Agency (LRA) Code of Practice on disciplinary procedures.
h) What NOT to do
As an employer, the following pieces of legislation outline your legal obligations regarding alcohol and drug misuse at work.
You have a general duty under the Health and Safety at Work (Northern Ireland) Order 1978 act to ensure, as far as is reasonably practicable, the health, safety and welfare at work of your employees.
You also have a duty under the Management of Health and Safety at Work Regulations (Northern Ireland) 2000, to assess the risks to the health and safety of your employees. If you knowingly allow an employee under the influence of drug misuse or excess alcohol to continue working and his or her behaviour places the employee or others at risk, you could be prosecuted. Your employees are also required to take reasonable care of themselves and others who could be affected by what they do at work.
The Road Traffic Act 1988 states that any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drink or drugs shall be guilty of an offence.
The principal legislation in the UK for controlling the misuse of drugs is the Misuse of Drugs Act 1971. Nearly all drugs with misuse and/or dependence liability are covered by it. The Act makes the production, supply and possession of these controlled drugs unlawful except in certain specified circumstances (for example, when they have been prescribed by a doctor). If you knowingly permit the production or supply of any controlled drugs, the smoking of cannabis or certain other activities to take place on your premises you could be committing an offence.
The above pieces of legislation clearly detail the very real legal responsibility which employers have in terms of those operating in or for their organisation. Common Law also applies principles such as Negligence and Vicarious Liability in this area, which refers to the general requirement to set clear standards of behaviours with supporting policies and procedures, as well as the need to act promptly and consistently on cases as they emerge.
There needs to be a justification for screening and testing, for example, the safety-critical nature of the work. If you don’t have a clear business reason, testing is unlikely to be appropriate as it would be disproportionately intrusive.
How testing takes place, and who for is of importance. As is how sensitive information will be gathered and stored, as well as what actions will be taken on the back of such testing and screening. All of these areas carry risk.
Therefore, screening and testing alone is certainly not a simple or fool proof way to meet your employment obligations in this area. However, it is, in certain situations a critical defense for some employers in certain areas of work, as part of wider practices to discourage the negative influence of Drugs and Alcohol in the Workplace.
Whilst, above at Q2. we considered the legal position, employers do hold other key responsibilities in relation to this area.
Maintaining a general focus on positive mental health is one key strategy in relation to managing drug and alcohol abuse, this includes ways to avoid developing a drink/drugs culture in the workplace (for example planning inclusive social events, monitoring stress levels and workloads).
It is good practice to outline any employee assistance programmes (EAPs) or other sources of support that are on offer, and how employees can access these. Consider clarifying whether use of these support programmes is anonymous. You may also want to list other sources of support that employees could approach.
People Management Solutions can support you in the development of a Drug and Alcohol Policy. If you have any queries in this area, please do reach out to us.