Alcohol dependence

“A chance for the UK to get thinking about drinking. It’s a week of awareness-raising, campaigning for change, and more.

Alcohol Awareness Week is managed and hosted by Alcohol Change UK. This year’s campaign takes place from 1-7 July 2024 on the theme of ‘Understanding alcohol harm’”.

Therefore, it is a timely reminder about what to do if you suspect one of your employees is struggling with alcohol (or drug) dependence, including consideration of whether their dependence amounts to a disability. 

What is alcoholism?

The NHS states “If someone loses control over their drinking and has an excessive desire to drink, it’s known as dependent drinking (alcoholism).

Dependent drinking usually affects a person’s quality of life and relationships, but they may not always find it easy to see or accept this. 

Severely dependent drinkers are often able to tolerate very high levels of alcohol in amounts that would dangerously affect or even kill some people.

A dependent drinker usually experiences physical and psychological withdrawal symptoms if they suddenly cut down or stop drinking, including:

• hand tremors – “the shakes”

• sweating

• seeing things that are not real (visual hallucinations)

• depression

• anxiety

• difficulty sleeping (insomnia)

This often leads to “relief drinking” to avoid withdrawal symptoms. Alcohol misuse - NHS (www.nhs.uk)

Is alcohol (or drug) abuse a disability?

The question of whether an individual is disabled will be answered with reference to the statutory definition outlined in the Equality Act 2010 (EqA 2010): “A person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities”. 

However, addiction to alcohol (nicotine or any other substance) is expressly stated not to be an impairment (and hence not a disability) for EqA 2010 purposes.  In April 2022, Alcohol Change UK, talked about the need for fundamental changes to the Equality Act to ensure that those who are struggling with alcohol dependency are protected in the workplace.

That being said, impairments caused by addiction to alcohol might amount to protected disabilities. Case law has held that depression caused by alcohol abuse was not prevented from being a disability merely because addiction to alcohol is expressly excluded from being an impairment. This tallies with the approach taken in the EqA 2010 Guidance, which states that liver disease as a result of alcohol dependency will count as an impairment (paragraph A7). The employee, in these circumstances, may be disabled, notwithstanding that the disability was caused to a large extent by the alcohol addiction. The cause of the disability is not relevant.

Conversely, the alcohol addiction could be a symptom or side effect of some other medical condition from which the employee is suffering, which itself amounts to a disability.

Therefore, it is important for employers to understand that the definition in the EqA 2010 may encompass individuals who suffer from alcohol addiction as a cause or symptom of physical or mental impairment as this may have the effect of requiring the employer to put appropriate adjustments in place. 

Should/can you dismiss an employee with alcoholism (or drug) abuse problems?

Alcoholism or drug abuse can impact on an employee’s day to day work life. From punctuality, lower productivity and poor attendance to the more serious risk of accidents at work, as well as making ill-judged decisions, addiction can prove costly for employees and employers alike. It can also put the safety of the employee and others at risk.

When an employee’s performance or behaviour at work is affected by alcohol an employer should first identify whether the issue is one of conduct or capability and moderate its approach accordingly. In cases of dependency or addiction, many employers encourage employees to come forward with a view to accommodating treatment and a return to work where possible. These cases are distinguished from “one-off” incidents or offences caused by alcohol or drug misuse at or outside work which are likely to be dealt with as disciplinary offences. 

If an employee’s apparent ill-health is contributing to behaviour or performance, (which could possibly qualify as a disability irrespective of whether it is caused by, or a symptom, of alcoholism) then it ought to investigate that ill-health and obtain requisite medical evidence (and consider adjustments if circumstances suggest it is necessary to do so) before dismissing the employee, otherwise it could render a subsequent dismissal unfair. However, there may well be circumstances that mean the behaviour is of such a severe nature that it cannot be appropriately addressed/managed via rehabilitation or some other adjustment.

Ultimately, alcoholism (and drug abuse) are sensitive and often multifaceted areas, and it is important that employers are well informed in relation to each individual case and act in accordance with any internal policies on drug and alcohol abuse (where appropriate) to ensure a fair process is followed.

Conclusion

Employers should have a well drafted policy drug and alcohol misuse which is communicated to employees through staff training. Additionally, it is important that management (and colleagues) appreciate the signs of potential drug and alcohol misuse (as mentioned above), which could result in early intervention and rehabilitation. 

Ultimately drug and alcohol dependence are recognised medical problems. Someone who is misusing drugs or alcohol has the same rights to confidentiality and support as they would if they had any other medical or psychological condition. Not all workplaces have access to occupational health services, but employers can still support employees by signposting them to their GP, NHS departments and other agencies that can offer help.

For example:

• Drinkline national alcohol helpline on 0300 123 1110

• Alcohol Change UK

• Alcoholics Anonymous helpline on 0800 9177 650

• Al-Anon Family Groups helpline on 0800 0086 811