Home / Substance misuse at work – what employers must consider?
27th August 2025
Mark McKeating, Partner
Strictly Come Dancing is facing a further scandal. This time it concerns allegations of cocaine use by two of its stars. The individuals concerned have not been identified. It has been reported that the substance misuse was an “open secret” on the show.
The BBC have carried out an investigation. The outcome has not been made public at the time of writing.
The Metropolitan Police have also been notified.
This is a similar situation facing some UK employers.
A recent study by BUPA found that 34% of employees surveyed report having used or witnessed substance use or addictive behaviours during working hours. Alcohol, gambling and recreational drugs were examples cited in the survey. Almost half of the employees surveyed say that they have turned to addictive behaviours to cope with workplace stress.
With more office staff working from home, employers may have less visibility over the effects of substance misuse on staff.
Some considerations below for employers faced with substance misuse at work:
Under the Health and Safety at Work Act 1974, employers have a duty to ensure a safe place of work and safe systems of work for their staff. This includes taking all reasonable steps to ensure that employees do not pose a risk to colleagues or themselves due to being under the influence of drugs or alcohol.
Employers should have clear policies about coming to work under the influence of alcohol and drugs (whether prescribed, over the counter or controlled substances) and about drinking and drug taking whilst at work.
Some employers will adopt a more supportive rather than a disciplinary approach to drug or alcohol dependency. The employer should set out their expected standards of behaviour in a workplace policy.
The policy should broadly explain:
On the face of it, if an employee is under the influence of drugs or alcohol in work, in most cases, it is likely to lead to disciplinary action. This includes dismissal as the offence may amount to gross misconduct under the employer’s disciplinary procedure.
This is less clearcut if the substance misuse is a symptom of an underlying condition such as depression. Whilst, addictions such as drug and alcohol dependency are excluded under the Equality Act 2010, the underlying condition may qualify as a disability.
The ‘disabled’ employee would have some protection against dismissal, and the employer would be under a duty to consider reasonable adjustments. A reasonable adjustment may include the employer issuing a warning short of dismissal together with imposing certain conditions aimed at encouraging the employee to seek help for their dependency.
Employers will not be able to require staff to submit to drug testing without their consent.
Employers should make provision in both the employment contract and workplace policies to ensure that employees cooperate with any testing. The Health and Safety Executive (HSE) website recommends this approach for ‘safety critical work’ where misuse can have a serious outcome. This includes work activities such as using machinery, electrical equipment or ladders, driving or operating heavy lifting equipment.
The Information Commissioner’s Office (ICO) recommends that drugs and alcohol testing should be designed to ensure safety at work rather than to reveal the illegal use of substances in worker’s private lives. Testing is more likely to be justified after an incident where the employee’s conduct gives rise to a reasonable suspicion of drug or alcohol use. Random testing should be limited to selecting those employees who are involved in safety critical roles that the employer considers require testing.
According to the HSE website, the following are warning signs that could indicate drug or alcohol misuse by staff:
Other signs could be stress or illness.
Training managers on the signs to spot is highly recommended.
For advice on developing a substance misuse policy that works for your business or any other employment related queries, please contact Mark McKeating on mark.mckeating@kuits.com or 0161 832 3434.