Can someone be sacked for being under the influence at work?
If the employer can prove that drugs or alcohol have had a detrimental impact on an employee’s ability to do their job, they may be dismissed. The employer must have a good reason to justify dismissal, related to the employee’s conduct or capability.
The employee under the influence may be sacked if their conduct is so bad that it means they have broken one or more of the terms of their employment, for example: continually missing work; showing poor discipline; evidence of drug or alcohol abuse; or theft or dishonesty.
The employer should follow a fair disciplinary procedure before dismissing an employee for misconduct. Under this procedure they may also consider help and other interventions such as counselling. See stages of redundancy
Can someone be arrested for being drunk at work?
Yes. Under a law called the Misuse of Drugs Act, if someone drinks alcohol or take drugs or other substances (except when prescribed by a doctor) while at work, they could be breaking the law and may be prosecuted.
Can employers help if someone has a dependency?
Employers have a responsibility to ensure the wellbeing health and safety of staff under the Health and Safety at Work etc Act 1974. Disciplinary action should be a last resort.
Can an employer be prosecuted if someone is drunk at work?
Yes. Under the Health and Safety at Work Act, employers could be prosecuted if they know an employee is under the influence of excess alcohol and is allowed to continue working, putting co-workers at risk.