HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Gross misconduct
Gross misconduct involves conduct that is very serious or has very serious effects. Whether intoxication amounts to gross misconduct will depend on the organisation's rules and the particular circumstances. Employers should clearly identify relevant examples of gross misconduct in their disciplinary rules. https://www.acas.org.uk/dismissals/types-of-dismissal
Alcohol and drugs at work
Employers should have clear rules about alcohol and drugs at work and explain what behaviour may lead to disciplinary action. The seriousness of intoxication may depend on factors including the employee's role, workplace risks, the effect on others and the organisation's rules. https://www.acas.org.uk/managing-drugs-and-alcohol-in-the-workplace
Fair procedure for gross misconduct
Even where gross misconduct is suspected, the employer should investigate the circumstances and give the employee a fair opportunity to respond before deciding whether dismissal is appropriate. A fair procedure should be followed before summary dismissal is imposed. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-1-understanding-the-options
Summary dismissal
An employer can dismiss an employee without notice where gross misconduct is established and summary dismissal is justified. The employee would normally leave immediately and would not receive notice pay, although they remain entitled to other sums properly due, such as accrued holiday. https://www.acas.org.uk/dismissals/dismissals-with-and-without-notice
Safety-sensitive work
The potential consequences of intoxication can be particularly serious where an employee operates machinery, drives vehicles, works at height or carries out other safety-sensitive duties. Employers should consider the actual risks and evidence rather than treating every incident identically. https://www.hse.gov.uk/workplace-health/drug-alcohol-misuse.htm
Health, dependency and disability
Where an employee raises an underlying health condition, dependency or disability, the employer should consider whether this is relevant to the circumstances and whether additional support or reasonable adjustments need to be considered. An employer should not assume that an alcohol or drug-related issue is purely a disciplinary matter without considering relevant individual circumstances. https://www.acas.org.uk/managing-drugs-and-alcohol-in-the-workplace
Right to be accompanied
Employees have a statutory right to be accompanied at a disciplinary hearing where a formal disciplinary outcome is being considered and at an appeal hearing, subject to the statutory requirements. https://www.gov.uk/disciplinary-procedures-and-action-at-work/disciplinary-hearings
Written dismissal outcome
Where an employee is dismissed, the employer should tell them the reasons for dismissal, the date their employment ends, the applicable notice arrangements and their right of appeal. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-5-deciding-on-the-disciplinary-outcome
Appeal
An employee should be given an opportunity to appeal a disciplinary dismissal. The appeal should be handled impartially and, wherever possible, by someone who was not previously involved in the case. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html
Final pay and holiday
Summary dismissal removes the entitlement to notice pay where dismissal for gross misconduct is justified, but the employer must still deal with other sums properly due, including accrued holiday entitlement. https://www.acas.org.uk/dismissals/dismissals-with-and-without-notice
Health and safety reporting
Where an intoxication incident involves an accident, injury or other reportable event, the employer should consider its health and safety reporting obligations separately from the disciplinary process. https://www.hse.gov.uk/riddor/