The problem
Drug and alcohol abuse in the workplace has become a very real issue, as highlighted by award-winning chef Gordon Ramsay. Employers face responsibility not only for the actions of their employees in this respect, but also their customers. Hospitality businesses should, therefore, develop and implement clearly defined substance misuse policies and procedures that can be readily understood by all management and supervisors.
The Law
Under the Misuse of Drugs Act 1971, it is not only an offence to possess, supply or produce controlled drugs without authority, it is also an offence for individuals knowingly to allow such drugs to be supplied, offered for supply or produced. In some cases, it is also an offence if drugs are knowingly used on the premises for which the owners are responsible.
Expert advice
The HCIMA has published Developing a substance misuse policy (Brief No 45). It offers guidance on how to address the issue through creating a company strategy on the misuse of drugs and alcohol by both employees and customers.
The brief recommends the development and implementation of clearly defined substance misuse policies and procedures. These should include separate policies for drugs and alcohol. The most successful policies are those based on sympathetic assistance and guidance, rather than a discipline-based approach.
A welfare-based policy involves the business in attempting to educate and support the workforce in matters relating to drugs and alcohol, encouraging employees to participate in combating any problems.
Although welfare-based, the policy is also certain to contain some disciplinary elements, and staff training must ensure that employees fully understand their legal responsibilities.
Employers will need to bear in mind their duties under employment regulations and the Human Rights Act. This is a particularly pertinent point for industry leaders such as Gordon Ramsay, who has proposed introducing a mandatory drugs test for all his new employees.
Any policy should expressly provide that, where an employer has a reasonable suspicion that an employee's performance or behaviour may be affected by the use of legal or illegal substances, the employee may be asked to take a test to establish the facts.
However, the employee cannot be forced to submit to a medical examination unless the requirement forms part of the contract of employment. Compelling an employee to be tested may constitute grounds for a claim for unfair constructive dismissal, or a claim under the Human Rights Act that the examination breaches the right of an individual to a private life.
Common sense must prevail. Employers should rely on their own powers of observation and questioning, in an attempt to understand the causes and scope of any problem.
Employers must also ensure that staff are familiar with the policy and procedures, that appropriate training is given, and that they know who to turn to for professional advice should a problem arise.
Check list
There are no off-the-shelf solutions for employees with substance misuse problems, but the following points are useful for formulating a policy:
- Prevention
- Recognition
- Help for individuals
- Implementation
- Monitoring
- Education and training
Beware!
Any evidence of illicit drug use in any business, including finding substances or equipment on the premises, should be reported to the police.
Contacts
HCIMA, Trinity Court, 34 West Street, Sutton, Surrey SM1 1SH
020 8661 4901
E-mail: library@hcima.co.uk
www.hcima.org.uk
British Institute of Innkeeping
01276 684449
E-mail: info@bii.org.uk
www.bii.org.uk
Department of Health
020 7972 2000
E-mail: drugs@doh.gsi.gov.uk
www.doh.gov.uk/drugs
National Drugs Helpline
0800 776600
www.ndh.org.uk
Forensic Science Service
0121-607 6800
www.forensic.gov.uk