Employees with a drug or alcohol problem may ask for help at work if they are sure their problems will be dealt with discreetly and confidentially. But also consider your own legal position if you are given evidence or information that suggests an employee’s drug misuse has involved breaking the law at work. Drug and alcohol dependence are recognised medical problems. Someone who is misusing drugs or alcohol has the same rights to confidentiality and support as they would if they had any other medical or psychological condition.

Consider allowing someone time off to get expert help. Often the cost of recruiting and training a new employee may be more than the cost of time off. Think about whether drug and alcohol misuse in your workplace is treated as a disciplinary matter or a health concern. If you dismiss someone because of drug or alcohol misuse without trying to help them, an employment tribunal may find that you’ve dismissed them unfairly. However, if their normal work is safety-critical you may need to temporarily move them to another job.

Employers have a general duty under the Health and Safety at Work etc Act to ensure, so far as reasonably practicable, the health, safety and welfare of your employees. Employees must also take reasonable care of themselves and anyone who could be affected by their work