Ask An Expert: Drinking on the job

What can I do about staff drinking?I run a busy pub in London and have a growing problem with staff drinking while on the job. How can I deal with this?

Having an alcohol policy for your business should help. There is no obligation on employers to have one of these, even in a venue that sells alcohol or where there is drunkenness among employees. But many employers find it brings them certain advantages.

A written policy on alcohol consumption at work, and making sure all your staff are aware of what it contains, will generally make it easier for yourself and your supervisors to deal with any alcohol-related problem that arises in the workplace. Employees won't be able to claim they weren't aware of what's expected of them, for instance, and the guidance should also help you deal with different incidents in a consistent manner.

The policy will usually set out the likely consequences of being drunk at work, the rules relating to an employee drinking during working hours, guidelines for the disciplinary process and any specific provisions relating to alcohol dependency and treatment.

As soon as your alcohol policy is in place it is important that it is communicated to all your employees.

If you have to discipline an employee over their drinking and it leads to their dismissal but you haven't told them about your alcohol policy, it could mean the dismissal will be found to be unfair at an Employment Tribunal.

Michael Ball is an employment partner at law firm Halliwells and can be contacted at michael.ball@halliwells.com​

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