This article was first published by the International Employment Lawyer on 9 July 2026.
Alcohol Awareness Week in the UK is an opportunity to reflect on employers’ duties and responsibilities when it comes to alcohol dependency, as well as wider best practice on the consumption of alcohol in the workplace and at work-related events.
Different employers will have different views on alcohol addiction and the approach they take to conduct or performance issues that arise out of this. However, it is important to remember that addiction is a health issue. That means it is best practice for employers to support employees with an alcohol addiction, point them towards treatment and rehabilitation where appropriate and to act reasonably when considering conduct or performance issues where addiction is relevant. The difficulty is that this inevitably needs to be balanced with the employer’s responsibilities to the wider workforce, business and customers.
Employers in the UK need to have in mind a combination of health and safety law and employment law requirements when considering issues involving alcohol addiction.
Health and safety
Under the Health & Safety at Work etc Act 1974 employers have a legal duty to take reasonable care of the health and safety of their employees and to take reasonable steps to provide a safe workplace and system of work. This duty extends to mental as well as physical health and applies not only to those who may be struggling with alcohol dependency but also to individuals who work with them.
Whilst health and safety legislation in the context of alcohol dependency comes to mind in the context of roles such as machine operators, transport drivers or other safety critical roles in particular, it is in fact relevant to all workplaces and sectors.
Employment law
In the UK, alcohol dependency is expressly stated not to be a disability under the Equality Act 2010, unlike jurisdictions such as the USA and Canada. However, related physical or mental health conditions which have been caused by alcohol dependency may amount to a disability entitling individuals to protection from discrimination and triggering a requirement on employers to make reasonable adjustments.
Case law in the UK has often drawn a distinction between the excluded addiction and the separate physical or mental impairment caused by it. In one case, for example, depression caused by alcohol abuse was not prevented from amounting to a disability merely because addiction to alcohol is excluded from the legal definition of disability.
Employers could therefore face a discrimination claim if, for instance, they have not made reasonable adjustments for someone suffering from a condition which may have been caused by an addiction problem.
Whilst what is appropriate will be fact specific, reasonable adjustments could include: paid/unpaid leave for rehabilitation treatment; phased return to work programmes; temporary reallocation of certain duties; flexible working arrangements for ongoing treatment / support meetings and adjustments to performance management timescales.
An employee who attends work intoxicated or whose performance is affected by alcohol may be subject to disciplinary action, or performance management. In serious cases, this could result in dismissal. What is important in these situations is for employers to act fairly and reasonably in all the circumstances.
Employers should distinguish between one-off instances of misconduct (e.g. being drunk at work) and an underlying alcohol dependency. Dismissing individuals without considering this issue or offering support could leave employers exposed to claims of unfair dismissal, disability discrimination and/or a failure to make reasonable adjustments.
Best practice recommendations
Employers wanting to follow best practice should consider the following:
- Fostering a working environment that aims to be supportive. This might include offering employees’ access to an Employee Assistance programme or other more tailored support. Occupational health advice should also be sought at an early stage where dependency is suspected.
- Having a clear policy on addiction which applies not only to alcohol but wider addictionissues too.
- Promoting a positive culture regarding alcohol, including around its consumption during working hours and at work-related events.
- Being clear about if and when testing policies will apply and carefully considering the justification for testing (for example, where employees work with vehicles or machinery).
- Setting clear expectations regarding conduct that all employees are expected to adhere to and behaviour that will trigger disciplinary action. Whilst employers may want to foster a supportive environment, there will inevitably be circumstances where disciplinary action is required.
- Ensuring managers are trained to recognise the signs of alcohol addiction and on how to deal with colleagues showing these signs, or who reveal that they are struggling with addiction.
Overall, UK employers should approach suspected alcohol dependency carefully: taking and considering medical advice at an early stage where appropriate, encouraging a culture of support and open communication, liaising with employees on the support they need and always ensuring that a fair and transparent process is followed, balancing support for the employee with legitimate business needs and workplace safety.
Further information
If you need advice on managing alcohol-related issues in the workplace, our Employment team can help you navigate your legal obligations while supporting your workforce. Get in touch for expert, practical guidance.
