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What should you do if an employee is suffering from addiction?

HR Dept

At the time of the Roman Empire, salt was so coveted by soldiers that they were partly paid with it. In fact “sal” (salt in Latin), is the root of the word “salary” today. The saying “worth their salt” refers to assessing whether a centurion was up to the job!

Romans were so addicted to this white stuff that the famous writer Pliny the Elder observed “Life cannot be lived humanely without salt”.

When we think of addiction nowadays, it is of more serious substances than salt. Alcohol and drugs spring to mind; and there are behavioural addictions too, like gambling.

They are deeply personal conditions, but ones that can have heavy implications in the workplace. Therefore, it is essential that you know how to manage it, should an employee develop an addiction.

 

Addictions and the law

While addiction is a very human issue which will require compassion and discretion, there are several pieces of legislation which may be relevant. These include:

  • The Health and Safety at Work etc. Act 1974 – providing a safe working environment
  • The Misuse of Drugs Act 1971- illegal substances in the workplace 
  • The Equality Act 2010 – Addiction may indirectly relate to a disability
  • The Data Protection Act 2018 (UK GDPR) – Health information is a special category of data
  • The Employment Rights Act 2025 – covers unfair dismissal and sick pay among other things

Depending on the nature of the addiction and your operations you may have to consider a greater or lesser number of these Acts. 

For example, health and safety is going to have far more relevance to someone with an alcohol addiction who drives or operates heavy machinery; while use of illegal drugs on your premises could constitute a criminal offence under the Misuse of Drugs Act. 

 

Practical steps

Your starting point, long before any issue is identified is to have a drugs and alcohol policy. This sets out your expectations at the start of the employment relationship and gives you a consistent framework in which to respond.

Training and awareness is another building block. Your managers should receive training in how to recognise the signs of an addiction, what your company rules are and how they should respond (including documenting everything). 

It may also be helpful for your wider workforce to receive awareness training, as both a preventative measure and to inform them of how they can report a suspected case.

Some businesses could benefit from reviewing their own culture. A number of industries may contribute to a problem where frequent corporate hospitality encourages employees to drink on the job.

If there is an immediate health and safety concern, this should be addressed as a priority, before a pathway forward is begun.

 

A health condition first

In your response, it is important to see addiction as a health condition first. It may be linked to an underlying problem like depression, bereavement, a past trauma or the like.

In addition, you may need to ascertain if any misconduct has occurred, but this is not a given. If there is misconduct, your disciplinary policy will guide you in investigating it fairly.

As a health issue, though, you should decide if sickness absence is appropriate and whether in the medium term occupational health services are required. You may be able to signpost other third-party support like a local GP and relevant charities. 

Remember data protection law; you will have to manage a case of addiction with the utmost discretion.

 

Help from The HR Dept

An addiction will present your employee with a long and difficult path to recovery. And it will be a challenging time for you as their employer too, balancing their well-being with the operations of the business and any legal consideration.