Introducing Drug and Alcohol Testing Procedures

Drug and alcohol abuse can negatively affect an individual’s ability to perform their job. What can employers do if they suspect employees are adversely affected by alcohol or illegal drugs in the workplace?

From a sudden or gradual behavioural change, suspicions may be roused that an employee may be taking illegal substances or drinking to excess. One way of addressing these suspicions is to introduce random or regular testing of employees for evidence of alcohol or drug abuse. However, employers cannot introduce such tests without restriction.

Article 8 of the European Convention on Human Rights, which was incorporated into UK law by the Human Rights Act 1998 (the "Act"), enshrines the right to respect for employees’ private and family lives. Whilst an employee cannot enforce the Act directly against a private employer, the Courts and employment tribunals (as public authorities) are subject to the obligation not to act in a way that is incompatible with a Convention right.