Can An Employer Make Someone Abstain From Alcohol?

[Dusty Bin]

After being caught drinking vodka while on a lunch break, a colleague at work was suspended, disciplined and given a final written warning. 3 months later, my colleague was arrested for drink driving, attempted suicide after her arrest on release from custody, was subsequently hospitalised and only returned to work after an absence of 4 weeks. She was then placed on an abstinence programme where she was asked not to touch alcohol for a period of 26 weeks, backdated to the date of her arrest/hospitalisation/suicide attempt/first day of absence. 24 weeks into this programme, she learned her job role was being withdrawn by her employer and she was offered either redundancy or an alternative position which she did not want but felt she had to take for financial reasons. This led her to break her abstinence and have a couple of drinks before going into work for her evening shift. She was reported to her manager by a fellow colleague and has now received notice of an investigatory meeting with regard to her breaching the 26 week abstinence programme.

The colleague has nearly 8 years service, is regarded as an employee with an excellent performance record, but last summer some family issues arose which led to her increased drinking and effective dependence on alcohol to cope with those issues.

My question is a) can an employer ask an employee to sign up to such a programme and b) what will be the possible outcome of this upcoming investigatory meeting.

[Maydup]

I know its not what you hope to hear and sorry if I don't sound particularly supportive, but if I were the employer I would be struggling to maintain the level of support already offered. Whatever the personal situation, her alcohol dependence is a serious issue. What type of work does she do?

[woofgang]

An employer can require an employee to NEVER attend work with alcohol in the bloodstream and can require either random testing or testing for cause provided that it is written into the employment T and C. If the T and C are breached, the employer can offer an employee a treatment program as a part of conditions of continued employment and can terminate employment if the terms of the agreement are broken. Again this should be made clear when the treatment program is offered.
Likely outcome? Termination of employment is a definite possibility IMO

[ladyalex]

I'm pretty sure this person is going to be sacked.
Sorry, but that is the most likely outcome.
After a final written warning, she again turned up to work having alcohol in her system.
She has to accept responsibility for her own alcohol problem.

[joko]

how many times did she go into work after having a few - whilst on the programme?
there may have been suspicions already, but no proof - and having this person able to confirm it.
i think if she managed it for 24 weeks - what was she thinking drinking before work?
on her weekends off, no-one would even know - but to do it and go to work, i am not surprised they are not happy - it shows not a lot has changed really.
maybe she needs some time away to sort things out
this sort of stress is not good for her

[maggiebee]

Worked with local authority and had a colleague who had a bit of a drink problem although he hid it quite well. Unfortunately it did come to light and he was offered a place on an abstinence programme which he accepted. Again he succumbed to alcohol and was eventually dismissed. Local authority have it written in to contracts that if you are found on licensed premises during breaks you face disciplinary action and the possibility of dismissal.

[joko]

how was she discovered?
was she seen leaving a pub? - or did she come in actually visibly under the influence?

if the former, and it was literally just a glass of wine with her dinner - maybe they will be ok with it ... maybe thats why they haven't automatically dismissed her.

i think its important to establish what 'a couple' actually was here ..

[Maydup]

^^^^ and what type of role she's in? Eg working on licensed premises or with vulnerable people v office admin.

[Samuraisan]

Christ, I wouldn't employ her !

[woofgang]

joko, I don't think so, sorry....In these circs "abstinence" means just that.

Maydup, that's not relevant either.

[Maydup]

^^^ you're right it's not relevant.

I'm just curious though.

[Mosaic]

It's a sad situation, but it doesn't look very hopeful for your friend's job. This is a more recent take on being kettled at work. In the 1990s I worked with a series of men who were generally kettled or hung over, and the extent of official excuses made for them beggared belief.
Please support your friend in staying sober. A job that needs a drink before you can face it is not worth turning up for.

[Dusty Bin]

Thank you for your responses.

To answer some of your points/queries raised :-

1. we work in a supermarket;

2. this was the first time she had drunk before going in to work since agreeing to the 26 week abstinence programme. It was triggered by the confirmation of the start date of her new role and responsibilities the day before;

3. she had drunk 2 vodka+cokes about an hour before getting a lift in to work. It was noticed by other employees that she was under the influence of drink shortly after she started her shift.

I also should have mentioned in my first post, that she has not been suspended. Is this of any significance?

[woofgang]

none at all.

[joko]

so she 'needed' a drink so badly ... because she got a confirmation letter of new start dates and responsibilities??

I thought you had implied she had had some seriously bad news.

if something like that leads her to 'need' a stiff drink to cope, then maybe she'd be best seeking a new job - i realise that is a big step - but no-one should 'need' a stiff drink in order to handle going to work = particularly under her unusual circumstances - in which she knew the trouble she would be in - but did it anyway ...

[lcg]

as she was under the influence at work and had already had a final written warning, she will be fired. the legality of the abstinence period of 26 weeks is neither here nor there - she was drunk while at work and almost all hr policies will state that this is gross misconduct, for which you can be dismissed pretty much on the spot. it means nothing that she has not already been suspended - her time at that job is 99% as good as done. she was lucky that they have put up with her alcohol use for this long. and......she did agree to the abstinence period - it is likely that if she hadn't, she would have been fired a long time ago. as for the people on here being cruel and judging her, take a minute and walk a mile in her shoes. it is a disease (with varying amounts of control over it) that nobody wants or asks for......no=one would want to be 'the drunk', so have a little humility. people drink because they are damaged and want to forget/avoid their emotions and life situations. she needs to seek treatment for the alcohol use and possibly her mental health. encourage her to go and see her gp.

[woofgang]

I don't think anyone on here has judged apart from saying that if you need to drink to get yourself into work then you probably shouldn't be doing that job on the basis that no job is worth that.

[joko]

i agree, no-one has judged her ... but we are here to answer questions - and thats what people are doing - people are just being honest about the situation at work and the situation she is in - the person in question is not here so our support is irrelevant.
she needs help and clearly trying to take on another role at work - one whcih led her to break a 26wk job enforced abstinence at wk 24 - knowing she would be sacked ... means she probably should not be doing the job - and instead seek help and maybe find a job she is not so upset about

[Dusty Bin]

Thank you again to those who have replied.

I have spoken to another workmate who is very close to my colleague I have been writing about and can now add this:-

She is now resigned to losing her job, although still hopes and prays she won't.

She had her investigatory meeting and told her manager about her recent difficulties. She did not go as far as discussing the family issues that led to her dependency on alcohol as a means to attempt blot out things from her past, but did disclose she has now lost her driving licence after being convicted of driving under the influence of excessive alcohol (I'm unsure of the exact wording of the offence).

She has sought help from her GP and is also receiving counselling for alcohol addiction, but not through Alcoholics Anonymous - through the local Health Trust, and this was going well until her most recent counselling session had to be cancelled as work needed her in and so she didn't go to her scheduled appointment.

She has started looking for other jobs, but all she has found so far are vacancies that are for much smaller contracts and would pay her no more than half of what she is currently earning.

It is this impending financial hit that is the chief reason she wants to stay where she is now.

She has a follow up meeting to her initial investigatory this weekend.

Thank you to all of you who have wished her well.

[anneasquith]

I do feel very sorry for your friend. it would appear she may well be jobless because of her alcohol abuse. I hope she continues to seek and get any help available.

[EDDIE51]

Sorry, but Alcohol problems this bad started a long time before the family problems last year.
You have described a classic alcoholic who has built up a drink habit over many years.
Until she can accept that she is an alcoholic , stop making excuses for drinking and realise that drinking causes the problems not the other way about, there is little hope of keeping any job.
Sorry again to be so blunt, but that is about it. She has already had far more support and help than most people get.