Managing Drug and Alcohol Misuse at Year-end Parties
It’s that time of year when your team plan’s their annual festive get together. Are you worried about possible drug or alcohol misuse at year-end parties? Did you know that as an employer you are ‘vicariously liable’ for your employees’ actions at a business event? We look at what you need to know so you are informed and prepared if things do go wrong.
The law vs social drinking
The Misuse of Drugs Act 1971 is the main piece of legislation relating to alcohol or drug use in the workplace. However, there is very little in this legislation that can help employers address modern-day issues with employees, aside from drink driving rules. Although there have been several publicised examples of case law, which can provide a level of guidance, every situation is different.
Employers have a vicarious liability when it comes to employees’ activities because a company function such as a year-end event is considered an extension of the workplace. When concerns are raised about an individual’s behaviour, the employer must take this seriously and act accordingly. Should an employee injure another employee, the employer could be vicariously liable.
The welfare of an employee needs to be considered in terms of health and safety. Companies are expected to carry out risk assessments. As an employer, your main aim should be to ensure any reasonable or foreseeable risks at an event have been assessed and minimised. This approach will help you mitigate any situations that arise should an employee display inappropriate behaviour due to drug or alcohol misuse.
Most companies now have a zero-tolerance policy for drug or alcohol consumption while at work. Although no-drinking-on-the job has become the norm, these rules can become blurry at company parties.
Dealing with bad behaviours
As the Company party is an extension of the workplace, consider the nature of the event and who will be attending. Speak to managers to decide whether the company will provide alcohol as well as food. A free bar can easily be abused, leading to drunken behaviour. An employee who is intoxicated at a work’s party could be grounds for gross misconduct. Inappropriate behaviour could lead to claims of harassment or discrimination.
One way of mitigating any potential issues is to send an email or printed letter to all employees prior to the event containing guidance. Explain that the event will be considered as an extension of the workplace and people must behave accordingly.
Within your communication, you could detail the company’s stance on drinking responsibly. This might include a point on reserving the right to ask the venue to refuse alcohol to anyone behaving inappropriately. You could add a clause on drug use too, forbidding the use of drugs as an act of gross misconduct.
It is also wise to mention employee activities after a company party. Remind staff they must not drink and drive, and to make suitable travel arrangements afterwards. You could also add that any post-event activities are the responsibility of the employee. As a company you can state that you will not be liable for the actions of an employee.
If you are worried that your team might become a liability at a boozy festive function, you could consider alternative options. Arrange an activity that doesn’t involve alcohol in the form of a team-building event which may also be more inclusive for non-drinkers, such as go-karting, bowling or crazy golf.
Do you have resources or policies in place?
Employers can take some comfort in the fact that they won’t be completely liable for employees’ behaviours at company parties. But you must have carried out a well-documented risk assessment and have attempted to foresee any potential hazards.
Do you have a suitable policy in place to deal with anyone who is intoxicated whilst on the job, along with any disciplinary measures? Develop a drug and alcohol misuse policy, which covers prevention, support and early intervention. Put procedures in place for dealing with substance abuse in the workplace. Make employees aware of your policies and include these within your employee handbooks.
If you have concerns about a particular member of staff, then it’s worth seeking advice on how best to support that person. You may need to assess whether the employee has an alcohol or drug dependency problem and then signpost them for support.
“Only 33% of employers provide information for employees on sources of support for drug and alcohol related problems.” - CIPD
If you have concerns about how to manage drug or alcohol misuse in the workplace or at a company party, please speak to us. Invictus HR can help you produce an alcohol and drug policy and advise you on suitable employee communications. Through our retained HR services, you can enjoy full peace of mind that we are on hand to help with any HR matters.
We would like to wish all our clients and business friends a Happy Festive Season and a Successful New Year! For guidance, policies or HR advice, please get in touch
Sources:
https://www.cipd.org/uk/knowledge/guides/drug-alcohol-misuse-work-guide/
https://parissmith.co.uk/blog/unlawful-actions-at-christmas-party/