Introduction

The University’s Alcohol and substance misuse policy sets out the University’s approach to managing alcohol or substance misuse in the workplace. We are committed to a policy of “harm reduction” through a range of policy and other interventions to reduce the negative outcomes of using drugs, alcohol and psychoactive substances on users and members of the campus community. As an initial approach, we will seek to focus on the safety, health and wellbeing of the individual and those people around them who may be adversely affected.

This supporting guidance, which is based on guidance produced by the Chartered Institute of Personnel Development, has been developed to help line managers to identify potential cases of alcohol or substance misuse and to effectively support and manage someone who is struggling with drugs and/or alcohol to obtain help and support.

Line Managers

People may misuse alcohol or other substances for a variety of reasons. There may be work-related issues where employees may turn to alcohol or other substances as a coping mechanism. Line managers are usually ideally placed to be able to spot and address issues, such as high workloads, long working hours and stressful work situations, as well as early warning signs of issues and to signpost people to sources of support if needed.

Dealing with an Employee with an alcohol or substance dependency

Alcohol or substance dependence may come to the attention of a manager in several ways. In some cases, an employee may make a direct disclosure to their line manager to tell them they have an issue. Colleagues may also highlight concerns if they think someone is struggling with substance misuse issues. The line manager may spot warning signs that indicate that alcohol or substance misuse may be an issue. The safety, health and wellbeing of the individual, colleagues and all of the University community should be prioritised when dealing with these situations.

Signs of alcohol or substance misuse may include:

• smelling of alcohol
• loss of balance
• slurred speech
• poor hygiene
• sudden mood changes
• unusual irritability and/or aggression
• abnormal fluctuations in concentration or energy
• impaired work performance and timekeeping
• increased sickness absence, particularly on individual days such as around a weekend
• deterioration in personal relationships
• dishonesty and/or theft

If you become aware that an employee has a serious or potentially serious substance or alcohol problem, then you should try to have a discussion with the employee to discuss your concerns. It is not the line manager’s role to “fix” issues, but this initial discussion can be helpful in signposting sources of support. It may be helpful to involve the relevant HR Advisor in any discussion as they can organise for support to be provided through Occupational Health and they will also signpost the Employee Assistance Programme. When setting up your meeting, try to consider the following:

• Find a confidential location where you won’t be disturbed to have a private conversation.
• Allow sufficient time for the conversation at a time when you have no other commitments scheduled. Ensure the conversation is not rushed and the individual can discuss everything they may need to.
• Treat the employee in a non-judgemental manner. You’ll need to maintain confidentiality as far as possible. Tell the individual that there may be a need to make others aware (for example the HR contact if they are not in the meeting, these individuals will also have a duty of confidentiality).
• Recognise that each individual case will be unique. Listen to the individual’s concerns and respect their needs as far as possible.
  • Remind the individual of their responsibilities as detailed in the University’s Alcohol and Drugs Policy.
• Signpost the various support options available to them.
• Keep a record of the conversation and the nature of the issue discussed.
• Set regular periods to check-in with them.

Action if employees appear unfit to work due to consuming alcohol or through substance misuse

In some cases, line managers may only become aware of issues due to concerns around someone’s conduct or if they appear to be unfit for work.

Immediate action

If a line manager is concerned that a member of their team or service is at work and has consumed alcohol inappropriately or is under the influence of drugs or any other substance, then that employee should be asked to stop work immediately. If that safest course of action is for an employee to go home, managers should ensure that the employee can get home safely and where necessary assist in making those arrangements. 

The manager will need to consider whether the employee represents a risk to themselves or others and either reassign them to other work or send the employee home. The manager should advise the employee of their concerns and the reasons for their actions. This information should also be provided to Human Resources as soon as it is practical to do so. In the unlikely event that the employee refuses to cease work or leave campus then campus security should be contacted.

If the employee is suspected of being acutely intoxicated or has suffered a physical collapse or is found unconscious, then this should be treated as a medical emergency. In such cases:

• Security should be contacted on one of their emergency numbers (666 on a landline or 01225 383999 from a mobile).
  
• carry out immediate first aid if qualified to do so

As well as having a duty of care to the employee, the University could be liable to claims from any third party injured by an employee under the influence of alcohol or drugs: it is therefore important to ensure a safe return home for the employee.

If the employee continues to attend work under the influence of alcohol, declines support and the Occupational Health provision from the University, and advises us that they do not have a dependency, a further supportive and confidential conversation would take place and be recorded at this stage. During this conversation, we would confirm to the employee that should this type of behaviour continue, it could lead to disciplinary action under the Disciplinary Policy and Procedure. The supportive measures would be reiterated, and a copy of the policy would be given to the employee.

On return to work

The line manager will be required to have a formal conversation with the employee at a suitable time to discuss the reasons for the actions which led to their removal, any appropriate action that will be taken and any support that may be provided. Line managers should inform HR about any ongoing action and can access support from HR to assist with this conversation, if required.

The University accepts that in some cases an employee may have a health condition because of dependence on alcohol or substance misuse. In such cases, the University will take steps to encourage, assist and support the employee. In other cases, the University may decide that disciplinary action is warranted.

The manager will, in discussion with HR and the employee, arrange for a management referral to Occupational Health. Occupational Health will offer support and advice and where appropriate seek assistance from the GP to facilitate referral to another agency and monitor progress. Subject to the rules of professional confidentiality, Occupational Health will provide advice and information to HR regarding to the employee’s fitness for work and provide recommendations regarding other work that may be suitable during the rehabilitation process if their current role is considered unsafe to undertake.

Alcohol and Substance Misuse Screening Programme

The University’s alcohol and substance misuse screening programme is provided through the University’s Occupational Health provider. Where the employee consents to participate in this scheme then they will be expected to provide contact details for the Occupational Health Service to contact them.

Occupational Health provider will call the employee at random intervals to ask the employee to attend the Royal United Hospital for screening. The employee will be given a four-hour window in which to attend the appointment. If for any reason the employee is unable to attend the screening session, then they must tell Occupational Health the reason for this. The employee should also advise their line manager as soon as possible to explain why they cannot attend.

Programmes last for one year, but consideration may be given to extending this if doing so would be considered beneficial. Any extension would require consent from the employee.

Employees who decline help / Participation in the screening programme

An employee identified as having a potential problem who declines help and whose behaviour or performance at work continues to be a source of concern will be subject to formal action under the appropriate University procedure.

Continued failure to engage with managers or to seek support and assistance with any alcohol or substance abuse issue may ultimately lead to termination of contract of employment.

If an employee is engaging with the screening programme but fails to attend an appointment or attends a screening session and provides a positive sample, then this may lead to cessation of the programme and the resumption of other disciplinary action.

Relapses

The University recognises that relapses do occur. Any employee with an identified alcohol and substance abuse condition, which has been confirmed by Occupational Health, who relapses, may be given further opportunities to obtain support and treatment. This will depend on the employee:

• being honest and open about their illness.
• demonstrating that they are accessing support and assistance.
• committing to a return-to-work date which is acceptable to the employer and by which time they will be fit to work (as confirmed by Occupational Health).
• not having committed an illegal act
• not by their actions placing the health and safety of others at risk, or committed seriously injurious acts

Disciplinary action

In cases where there is an identified alcohol or substance abuse problem, the University aims to support the rehabilitation of the employee with re-entry to the workplace being an important part of that process. There may be a requirement to move an employee away from their normal work duties during this process to protect the safety of themselves and others who may be affected their actions. The provision of alternative work will be subject to a timeframe that is considered “reasonable” for rehabilitation. The University will usually seek Occupational Health advice to identify how that rehabilitation process should be managed and a programme of alcohol and substance misuse screening may be recommended as part of that process.

Where the University is satisfied that a disciplinary offence has occurred e.g., absenteeism, violent behaviour, an unsafe act, or substandard work, due to alcohol or substance misuse, then this will be considered when determining the appropriate course of action. Similarly, where substance or alcohol abuse has resulted in actual harm, loss or damage affecting another member of staff, student or property belonging to the university then this will be taken into consideration during any disciplinary process.

Where there is evidence that an employee has been using, growing, possessing, or supplying controlled drugs in the workplace then this is a criminal offence and as well as disciplinary action being taken, the University will inform the police.