Is It Illegal To Have A Drink At Work?
In the UK, enjoying a drink during work hours or on work premises isn’t outright illegal. However, this seemingly simple matter is influenced by numerous factors, including legal regulations and company policies.
While it’s generally of no concern to employers what employees do outside of work, alcohol consumption can significantly impact the workplace.
According to the charity Alcohol Change, lost productivity from alcohol consumption costs the UK economy more than £7 billion each year. This is due to employees drinking during the workday, coming to work hungover, or still being under the influence from the night before.
So, given that over 25 million adults in England regularly drink alcohol, with 49% drinking at least once a week, it’s vital for both employers and employees to navigate alcohol in the workplace responsibly.
Is It Illegal to Drink at Work in the UK?
In the UK there are no laws specifically banning the consumption of alcohol at work. However, several pieces of legislation indirectly govern this area:
- Health and Safety at Work Act 1974
Employers are legally obligated to ensure the health, safety and welfare of their employees. This duty includes conducting a risk assessment and managing the risks associated with alcohol consumption. If an employee’s performance or safety is compromised due to alcohol, employers could be liable for not addressing this risk.
Under section 7, employees have a duty to take reasonable care for their own health and safety, as well as the safety of others who may be affected by their actions at work. This means that if a drunk employee puts their colleagues or others at risk, they could also be liable.
- Transport and Works Act 1992 and Road Traffic Act 1988
These laws establish strict limits on blood alcohol levels and anyone found exceeding these limits while driving can face penalties, including the loss of their license and potential criminal charges.
This applies to both company vehicles and personal vehicles used for work purposes. The regulations cover any job that involves driving, operating machinery, or public transport—such as buses, trains, lorries, or any other vehicle.
- Misuse of Drugs Act 1971 and the Licensing Act 2003:
These acts are particularly relevant in workplace settings like hospitality and during company events held at licensed venues. The Misuse of Drugs Act makes it illegal to possess, supply or produce controlled substances, making it illegal for employees to have or use these substances in the workplace. The Licensing Act regulates the sale and supply of alcohol, requiring venues and employers to ensure responsible alcohol consumption.
Can You Enjoy a Drink If You Don’t Drive?
Even if your job doesn’t involve driving or operating heavy machinery, it doesn’t mean you can drink at work.
Many workplaces enforce a zero-tolerance policy on alcohol consumption during work hours. Employers have a legal duty of care to their employees that they will not cause them unreasonable harm or loss. As part of this duty of care, many employers prohibit the consumption of alcohol during office hours. This is to ensure that alcohol does not inhibit an employee’s productivity and safety.
Other workplaces may not mind you drinking on your lunch break as long as it isn’t on the premises. An employer may have a strict policy on the consumption of alcohol on the premises, but they might be more relaxed about you going elsewhere for a drink on your lunch. Even so, drinking at lunch should be kept to a moderate level.
Excessive consumption may cause you to be sent home due to the duty of care employers have to their staff. If an employer knowingly lets a worker under the influence of excess alcohol continue work, they could be prosecuted.
Can Employers Set Their Own Policies?
Yes, employers can set their own policies regarding alcohol consumption in the workplace even if they operate in an industry that does not directly prohibit drinking at work. This policy should establish guidelines that reflect the company’s culture, values and operational needs.
Under the Health and Safety at Work Act 1974, employers have a duty to take reasonable steps to ensure the health, safety and wellbeing of employees and other workers. This means that employers may ban the consumption of alcohol during work hours to ensure that alcohol does not pose a health, safety or wellbeing risk.
It is crucial for these policies to be clearly communicated and consistently enforced, ensuring that all employees understand the expectations and consequences of violations.
Company Policies to Manage Alcohol Consumption
When it comes to managing alcohol consumption in the workplace, companies can implement a variety of policies tailored to their specific needs and industry requirements. The type of policy adopted often depends on the nature of the work, the potential risks involved, and the company culture.
1. Zero-Tolerance Policies: Many companies, especially those in high-risk industries (e.g., construction, healthcare, transportation), enforce strict no-alcohol policies that extend beyond working hours. Workers may be prohibited from accessing the site if they fail a drugs and alcohol test. This minimises risks and ensures compliance with health and safety regulations.
2. Limited Tolerance Policies: Some workplaces allow moderate alcohol consumption under certain conditions, such as during special occasions or business lunches. These policies often include specific guidelines, like limiting drinks to certain times or ensuring employees are not under the influence when they return to work.
3. Disciplinary Policies: Most companies will have clear disciplinary procedures in place for breaches of their alcohol policy. This can range from warnings to dismissal, depending on the severity of the breach and its impact on the workplace, including the potential health and safety implications.
Creating an Alcohol Policy
Creating an alcohol policy is an essential step for employers to establish clear guidelines and expectations regarding alcohol consumption in the workplace.
When developing an alcohol policy, conducting thorough risk assessments is crucial for employers to identify potential hazards associated with alcohol consumption. The nature of the work and the specific tasks employees perform can significantly influence the level of risk. For example, in roles requiring high concentration or the operation of heavy machinery, even a small amount of alcohol can impair judgment and reaction times, leading to dangerous situations.
In addition to addressing legal and safety concerns, responsible employers should prioritise the wellbeing of their staff. Promoting a healthy work environment involves not only setting clear boundaries around alcohol consumption but also mental health providing resources and assistance for those who may be struggling with alcohol misuse. This support can include offering access to employee assistance programs (EAPs) or counselling services.
Your policy should define acceptable behaviour, including the times and situations where alcohol may be consumed. You should also clearly define what you consider to be misconduct, such as being under the influence during work hours, possession of alcohol on company premises, or consumption during certain tasks. You should then outline the steps that will be taken in response to these violations so that employees understand the consequences and the process involved in addressing incidents.
What are my Responsibilities Towards Alcohol Consumption as an Employer?
An employer’s main responsibility includes conducting thorough risk assessments to identify and mitigate potential hazards associated with alcohol consumption in the workplace.
As an employer, you must also create and clearly communicate alcohol policies to ensure all employees understand them. This policy should define acceptable behaviour, unacceptable behaviour and the disciplinary procedures in place, as well as the support available for employees who may struggle with alcohol-related issues.
What are my Responsibilities Towards Alcohol Consumption as an Employee?
There may not be any direct laws relating to drinking alcohol during work hours, but your workplace should have its own policy on the consumption of alcohol.
As an employee, you must read and adhere to your employer’s alcohol policy and the relevant legal requirements. This includes understanding and following the guidelines outlined by your company regarding alcohol consumption and possession. If these policies don’t exist, you should approach your manager or HR department to seek clarification on your organisation’s expectations.
You also have a responsibility to come to work sober and capable of performing your job responsibilities. This means not only refraining from consuming excessive alcohol during work hours but also ensuring that any off-duty consumption does not affect your ability to work safely.
If you are aware of a colleague violating the alcohol policy or if you yourself struggle with alcohol-related issues, it’s important to report these concerns through the appropriate channels or seek help from the resources provided by your employer.
Even though your workplace may have a relaxed attitude to alcohol, it is important to consume in moderation. Drinking too much will cause you to lose focus on the job at hand and, in some circumstances, cause an accident and put others at risk. Remember to be sensible and save most of your drinking for your own time outside of the office.
Managing Risks with Peoplesafe
Even with clear alcohol policies in place, unexpected incidents can occur, especially when managing risks associated with alcohol consumption. This makes it essential for employers to have systems in place to handle these situations.
With Peoplesafe, if an employee encounters any type of emergency, our Alarm Receiving Centre can provide a professional response 24/7. Our ARC controllers are equipped to deescalate situations, inform escalation contacts and coordinate emergency services if necessary. This ensures that regardless of the circumstances, help is always available.
