Alcohol and work: time for employers to rethink their approach

This Alcohol Awareness Week (7–13 July 2025), led by UK charity Alcohol Change, the theme is “alcohol and work”. A good time for employers to reflect on how they approach alcohol-related issues within their workforce.

Let’s be clear from the outset: while there’s no law in Scotland that explicitly prohibits alcohol in the workplace, employers cannot afford to be passive.

Alcohol misuse doesn’t need to look like someone drinking on the job, it’s often more subtle, but no less disruptive. The impact can be seen in attendance patterns, decision-making, conduct, or overall productivity. In more safety-sensitive environments, the stakes are even higher.

Increased homeworking has made alcohol easier to conceal. Cultural norms around social drinking blur boundaries. And yet, the stigma remains entrenched with nearly half of employees saying they would rather hide a problem than seek help, often out of fear for their job. That silence can be costly.

Employer duties

Employers have a clear duty of care under the Health and Safety at Work etc. Act 1974. Failing to address suspected alcohol misuse can expose an organisation to significant legal and reputational risk, particularly if the health or safety of colleagues, clients or service users is compromised.

The good news? Workplace culture is something employers can shape.

Now is the moment to ensure your organisation has a robust, compassionate and clear drugs and alcohol misuse policy.  This should not uniformly address the issue with disciplinary action but rather should put in place practical support routes for employees who need help.

Zero tolerance of employees attending work “under the influence” might still be justified and/or required – but other steps can be taken to show compassion, understanding and insightful perspective.

That includes training for managers, clear reporting processes, signposting to occupational health or counselling services, and a consistent approach to performance management where alcohol may be a contributing factor and dismissal is not the answer.

Of course, there will be cases where dismissal is appropriate, especially where safety is compromised, or misconduct is proven. But any such steps must follow a fair process, be evidence-based, and remain proportionate. Dismissal, particularly for alcohol-related conduct, must never be a knee-jerk response and a full process should always be followed.

Employers should always consider the individual circumstances, and whether medical treatment or rehabilitation has been offered or refused and whether there is mitigation that ought to be factored into any decision.

Is alcohol addiction a disability?

A note of caution here, from the employment lawyers: while addiction to alcohol is not, by itself, a disability under the Equality Act 2010, any resulting condition such as depression or liver damage may be. So too are conditions such as Korsakoff syndrome.

That distinction is important when assessing the legal risk of dismissal or deciding whether reasonable adjustments are needed. Don’t just assume “its alcohol, disability doesn’t play a role”.

We’re increasingly seeing tribunal cases like McEwan v Royal Mail Group Ltd (ET) 2024 which scrutinised precisely this point. Smelling of alcohol alone, or even admission that alcohol had been consumed, did not mitigate or allow the employer to dismiss without first considering whether adjustments were reasonable and/or necessary. In this case, the employee had epilepsy, and some of the rationale provided by the employer was that in failing to stem or stop his consumption of alcohol (outside of the workplace) the employee was contributing to the frequency of his epileptic seizures.

At an earlier date, a decision had been made to remove the reasonable adjustments that had been in place for many years around discounting absences.

Taken in its totality, whilst alcohol consumption had been in the decision maker’s mindset during formal processes, the decision to dismiss was ultimately found to be discriminatory. The message to employers? Alcohol cannot be a convenient reason to discount Equality Act considerations.

Work events

This issue also extends beyond the day-to-day. Employers must consider their role in managing alcohol consumption at work events, where expectations can be ambiguous. A well-intentioned social gathering can easily cross into reputational risk territory if expectations aren’t set.

A quick email reminder or staff-wide guidance about professional behaviour and responsible drinking can go a long way and helps shift the tone from permissiveness to shared responsibility.  We recommend a review of historical alcohol policies, factoring in the above and updating where necessary.

In summary

So, what’s the message this Alcohol Awareness Week? Be proactive. Be informed. Be human. The conversation around alcohol and work is changing and rightly so. Addiction is not a character flaw. It’s a health issue, and often a symptom of deeper stress, burnout, or personal difficulty. It demands a measured, professional, and empathetic response.

Supporting employees doesn’t mean tolerating unsafe or inappropriate behaviour. But it does mean ensuring people know where they stand, how to get help, and that if they come forward, they will be met with clarity and compassion, not consequence alone.

If your business needs support reviewing its approach to alcohol and substance misuse, or guidance on handling a complex case involving alcohol or substance misuse, our Employment Team is here to help.