Practical advice for UK employers on addiction, workplace policies and legal responsibilities – with support and training from Abbington House.
Why This Guide Matters
Addiction in the workplace can feel like unfamiliar territory for HR professionals, managers and business owners. You may notice performance changes, rising absence rates or signs of stress and substance misuse but feel unsure how best to respond, especially when legal obligations and employee rights all overlap.
Getting it wrong can lead to safety concerns, legal liability, or missed opportunities to support employees before problems escalate. Getting it right, however, builds a safer, healthier, and more productive workplace while demonstrating a genuine commitment to employee wellbeing.
This guide provides a clear, practical roadmap for understanding addiction in the workplace, UK legal responsibilities and best practices for HR and leadership teams.
We’ve designed it to help you:
- Recognise when substance use may be affecting work performance or safety.
- Understand your legal duties and employee rights under UK law.
- Create and apply workplace drug and alcohol policies confidently.
- Support employees with treatment referrals and occupational health pathways.
- Know when to involve emergency or specialist services.
At Abbington House, we work closely with organisations across the UK to provide policy support, training for HR teams, and fast-track treatment referrals for employees when needed.
Understanding Addiction in the Workplace
Addiction is not just a personal issue; it can have a profound impact on workplace safety, productivity and morale. For HR teams and employers, recognising the signs early and responding appropriately can make the difference between an employee getting timely help and a situation escalating into a crisis.
Key points for employers to understand:
- Addiction is a health condition: It often develops gradually and may be linked to stress, trauma or mental health challenges rather than simply “bad behaviour.”
- Impact on the workplace: Increased absenteeism, presenteeism (reduced performance while at work), safety risks and higher staff turnover can all result from untreated addiction.
- Signs to look for: Sudden performance drops, unexplained absences, changes in mood or behaviour, frequent accidents or conflicts with colleagues.
- Stigma and disclosure barriers: Many employees hide substance use because they fear disciplinary action, job loss, or judgement. A confidential, supportive approach encourages early disclosure and reduces risk.
Case Study:
A line manager notices an employee with frequent absences on Mondays and increasing performance issues. Rather than moving straight to disciplinary action, HR arranges a private, non-judgemental meeting. The employee discloses a drinking problem and is referred for assessment. Early intervention prevents further decline, supports the employee’s health and avoids a potential safety incident.
By understanding addiction as both a health issue and a workplace risk factor, HR teams can respond with balanced, legally compliant strategies that protect both employees and the organisation.
Legal Framework for Employers
UK employers have a legal responsibility to protect the safety, wellbeing, and rights of their employees, and this includes situations involving substance misuse or addiction. Several laws guide how HR teams and managers should respond:
1. Health and Safety at Work etc. Act 1974
This requires employers to provide a safe working environment. If substance misuse poses a risk to the employee, colleagues or the public, employers must take appropriate action. Risk assessments and clear workplace policies help meet this obligation.
2. Misuse of Drugs Act 1971
This makes the production, supply and possession of certain drugs illegal, so employers could be at risk if they knowingly allow drug-related activities on their premises. Again, clear policies and procedures reduce legal exposure.
3. Equality Act 2010
Addiction itself isn’t classed as a disability, but underlying conditions such as depression or anxiety may be protected. Employers must make reasonable adjustments if a mental health condition linked to addiction affects someone’s ability to work.
4. Employment Rights Act 1996
Covers issues like unfair dismissal and statutory sick pay. Employers should handle addiction cases consistently and fairly to avoid claims of discrimination or unfair treatment.
5. Data Protection Act 2018 / UK GDPR
Health information, including addiction disclosures, is classed as special category data, so employers must handle it with strict confidentiality and comply with data protection laws.
Workplace Policies on Drugs and Alcohol
A clear and well-communicated drugs and alcohol policy helps employers meet their legal obligations, protect workplace safety and support employees who may be struggling with addiction.
Without a policy, employers risk inconsistent decision-making, legal exposure and uncertainty when these issues arise.
Why a Workplace Policy Matters
- It sets clear expectations for employees.
- Helps managers respond consistently and fairly.
- Provides a framework for balancing support vs disciplinary action.
- Reduces risk of legal or health and safety breaches.
- Encourages employees to seek help early without fear of stigma.
What to Include in a Substance Misuse Policy
A good policy typically covers:
- Purpose and scope – why the policy exists and who it applies to.
- Definitions – clarify what is meant by “substance misuse” or “under the influence.”
- Responsibilities – roles of HR, line managers, and employees.
- Testing procedures (if applicable) – when, why, and how testing will be carried out.
- Confidentiality and data protection – how sensitive information will be handled.
- Support options – access to treatment referrals, occupational health.
- Disciplinary process – what happens when safety or misconduct is involved.
- Return-to-work planning – phased returns after treatment or absence.
Communication Is Key
For these policies to work, employees and managers need to know they exist, so it’s essential they’re included in induction, staff handbooks and on the company intranet. You must also make sure everyone understands them. This means training line managers on how to apply them consistently. And finally, your employees need to trust them. You can do this by creating a culture where seeking help is encouraged, not punished.
Decision-Making Framework for HR and Managers
When addiction concerns arise in the workplace, HR teams need a clear process to balance safety, employee well-being and legal compliance. A decision-making framework helps ensure consistency and protects both employees and the organisation.
Step 1: Assess Immediate Safety Risks
If an employee appears impaired while at work – especially in a safety-critical role – you must remove them from duty immediately. You should then arrange a private conversation to assess their condition and potential risk to others. If urgent medical or safeguarding concerns arise (e.g., severe intoxication, suicidal comments), then follow emergency procedures.
Step 2: Determine the Nature of the Issue
If you’re dealing with first-time disclosure or early-stage concerns: Focus on support, occupational health referrals and signposting to Employee Assistance Programmes (EAPs) or treatment providers like Abbington House.
Repeated incidents or refusal of help: This may require a more formal approach, including HR procedures and performance management.
Step 3: Involve Occupational Health and Support Services
You must first assess whether the employee is fit to work then consider whether reasonable adjustments or time off for treatment are appropriate. As employers you want to encourage voluntary participation in treatment programmes if needed.
Step 4: Apply Policies Consistently
You should follow the company’s substance misuse and disciplinary policies. In doing so, you should always ensure decisions are documented and in line with the Equality Act 2010 if mental health issues are involved. It’s also important you protect confidentiality at all times unless safety risks require disclosure.
Step 5: Plan Return-to-Work and Ongoing Support
For employees who take time off for treatment, plan a phased return with regular check-ins. To help them with this return to work, we recommend providing access to aftercare, counselling or peer support groups where possible.
Managing Performance and Absence
Supporting employees with addiction doesn’t mean employers have to compromise on performance standards or business needs. The goal is to address the health issue while maintaining a fair, consistent approach to absence and workplace responsibilities.
1. Distinguish Health Issues from Misconduct
If an employee voluntarily discloses addiction or seeks help, treat this primarily as a health and wellbeing matter rather than immediate grounds for disciplinary action. Only if substance misuse leads to misconduct or serious safety risks, disciplinary procedures may still apply, but must be balanced with opportunities for treatment.
2. Absence Management and Sick Leave
Employees attending treatment may require time off under sick leave policies. Occupational Health can advise on treatment timelines, and phased return-to-work plans, and employers should avoid penalising employees for treatment-related absences when they are part of an agreed recovery plan.
3. Performance Reviews and Return-to-Work Planning
Performance reviews are a great way to set clear expectations once the employee has returned from treatment. You should offer reasonable adjustments where appropriate, such as flexible hours or temporary workload changes. Schedule regular check-ins during the early stages of return-to-work to provide support and monitor progress.
4. Document Everything
Be sure to keep accurate records of meetings, agreed adjustments and any support offered. Consistent documentation protects both the employer and the employee if disputes arise later.
Case Study:
A logistics company employee completed a residential treatment programme for alcohol dependency. HR worked with Occupational Health to arrange a phased return-to-work plan, including reduced duties for four weeks and weekly check-ins. This allowed the employee to reintegrate successfully while maintaining performance standards.
Mental Health and Dual Diagnosis
Addiction often overlaps with mental health conditions such as depression, anxiety, trauma or stress disorders. When both occur together, this is known as dual diagnosis. For HR teams, understanding this link is essential because it affects both workplace performance and treatment planning. Below are some important points to consider.
Why Dual Diagnosis Matters in the Workplace
- Employees may be using substances to cope with mental health symptoms.
- Addiction can worsen mental health over time, leading to a cycle of distress and dependency.
- Work-related stress or trauma can trigger or exacerbate both mental health issues and substance use.
HR Implications of Dual Diagnosis
- Confidentiality and sensitivity are crucial when mental health concerns are disclosed.
- Under the Equality Act 2010, some mental health conditions may count as a disability, requiring reasonable workplace adjustments.
- Early intervention reduces risk, supports employee wellbeing and limits long-term absence or staff turnover.
How Abbington House Supports Dual Diagnosis
- Comprehensive assessments for mental health and addiction together, not separately.
- Access to specialist therapy for trauma, anxiety, depression and stress management.
- Collaboration with employers on treatment plans, return-to-work support and aftercare.
Key Point for Employers:
Addressing addiction without considering mental health can lead to relapse or ongoing workplace difficulties. A joined-up approach benefits employees and organisations alike.
Crisis Situations: What HR Should Do
Most addiction cases in the workplace can be managed through policies, occupational health referrals and supportive conversations. But sometimes, a situation requires immediate action to protect safety or wellbeing.
1. Suicidal Thoughts or a Mental Health Crisis
- If an employee expresses suicidal thoughts or shows signs of a mental health emergency, you must:
- Call emergency services (999) if there’s immediate danger.
- Contact the employee’s GP or mental health crisis team if appropriate and consent is given.
- Follow the company’s safeguarding procedures for mental health emergencies.
- Provide privacy, safety and reassurance until help arrives.
2. Employee Appears Intoxicated at Work
- Remove the employee from any safety-critical duties immediately.
- Arrange a private meeting to assess the situation calmly and professionally.
- Document the incident and follow company policy – including occupational health referrals and possible disciplinary procedures if required.
3. Drug Possession or Criminal Offences on Premises
If illegal substances are found or suspected on site you should:
- Contact the police if required under the Misuse of Drugs Act 1971.
- Document the incident thoroughly for legal and HR records.
- Consider suspension on full pay while investigations or assessments take place.
4. Serious Workplace Accidents Involving Substances
In such a case you should notify the Health and Safety Executive (HSE) if legally required. Ensure you fully cooperate with internal investigations and external authorities whilst offering support services for employees affected by the incident, including counselling.
Training for HR and Managers
Many HR teams and line managers feel uncertain about how to handle addiction concerns in the workplace. The correct training gives organisations the confidence to act legally, safely and compassionately while reducing business risks.
1. Why Training Matters
- Ensures legal compliance with employment law and health and safety obligations.
- Builds confidence in managing difficult conversations with employees.
- Helps line managers spot early warning signs before problems escalate.
- Promotes a supportive workplace culture while maintaining professional boundaries.
2. Key Training Topics for HR and Managers
Abbington House can deliver training tailored to organisational needs, including:
- Addiction awareness: Understanding substances, signs and impacts on work.
- Legal responsibilities: Navigating Health and Safety, Employment Rights, Equality Act obligations.
- Difficult conversations: How to approach employees professionally and sensitively.
- Policy implementation: Applying workplace substance misuse policies consistently.
- Crisis response training: Handling emergencies, from intoxication to mental health crises.
3. Delivery Options
- In-person workshops for HR teams or line managers.
- Online training sessions for remote or multi-site organisations.
- Bespoke programmes aligned with company policies and risk profiles.
Business Case for Supporting Employees
Investing in support for employees struggling with addiction isn’t just a legal or moral responsibility – it also makes strong business sense. Early intervention can reduce costs, improve productivity and strengthen workplace culture.
1. Reduced Absenteeism and Presenteeism
Addiction often leads to sick leave, lateness, or reduced performance while at work. Providing access to treatment and support can significantly cut absence-related costs and improve employee focus.
2. Lower Staff Turnover and Recruitment Costs
Replacing employees is expensive and disruptive. Supporting staff through treatment rather than immediate dismissal helps retain skills, knowledge, and experience within the business.
3. Improved Productivity and Workplace Safety
Healthy, supported employees contribute to safer, more efficient workplaces. Reducing the risk of accidents or performance-related mistakes protects both people and profit.
4. Alignment with ESG and Wellbeing Goals
Many organisations now include mental health and addiction support in their Environmental, Social and Governance (ESG) or corporate wellbeing strategies. This enhances employer reputation and demonstrates a genuine commitment to staff welfare.
5. Positive Workplace Culture
A proactive approach to addiction builds a culture of trust and openness, where employees feel safe to seek help before problems escalate.
How Abbington House Works with Organisations
At Abbington House, we partner with organisations across the UK to help them manage addiction in the workplace confidently, legally and compassionately. Our goal is to give HR teams, managers and business leaders the tools and support they need to handle addiction issues effectively while protecting both employees and the business.
1. Workplace Policy Reviews
- We review existing drug and alcohol policies to ensure they meet current legal standards and workplace best practices.
- Where needed, we help develop clear, practical policies that balance support with safety and compliance.
2. Employee Referrals
- When employees need help, we provide confidential assessments and where appropriate, direct access to detox, rehab or outpatient treatment.
- This ensures early intervention before problems escalate, reducing risks for both employees and the business.
3. Training for HR and Management Teams
- We deliver workshops and online training covering everything from addiction awareness to handling difficult conversations and crisis response.
- Bespoke training options can be tailored to your company’s policies, culture, and legal obligations.
4. Return-to-Work and Aftercare Planning
- Recovery doesn’t end with treatment. We support HR teams with return-to-work plans, relapse prevention strategies and aftercare services to help employees reintegrate successfully.
5. Ongoing Partnership Opportunities
- We can act as a trusted wellbeing partner, providing advice, resources and referral pathways whenever addiction concerns arise in your workforce.
- This creates a consistent, supportive approach to workplace addiction management across the entire organisation.
We Can Help
If you’re an HR professional, manager or business owner looking for clear guidance on addiction and the law, Abbington House can help. We offer policy reviews, training sessions and referrals for employees who need support, all tailored to your organisation’s needs. Book a free workplace consultation today and get expert advice on building a safer and legally compliant workplace.
FAQs About Addiction and The Law
Can we dismiss someone for addiction?
Addiction itself isn’t usually grounds for dismissal, especially if it’s treated as a health issue. However, if substance misuse leads to misconduct, safety risks or repeated refusal of support, dismissal may be appropriate, but only if proper procedures are followed under the Employment Rights Act 1996.
What if an employee refuses treatment?
Employers can’t force someone into treatment, but you can offer support and referrals, set clear expectations for performance and safety and apply workplace policies consistently if problems continue.
Are we liable if someone works under the influence?
Yes. Under the Health and Safety at Work etc. Act 1974, employers have a legal duty to ensure a safe workplace. If an employee’s impairment poses a risk, you must act to remove them from duty and follow your company’s substance misuse policy.
How do we balance confidentiality with safety?
Addiction disclosures should remain confidential unless there’s an immediate safety risk or legal obligation to disclose. In such cases, only essential information should be shared with appropriate parties.
What if addiction links to a mental health condition
If a mental health condition linked to addiction meets the criteria for a disability under the Equality Act 2010, you may need to make reasonable workplace adjustments and ensure fair treatment under discrimination law.
