Rank: New forum user 
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There have been instances where employees have presented themselves for work under the influence of alcohol. My question is what do you do with them once this has been identified in terms of removing them from the premises. How far does the employers duty of care extend i.e. does it end when the employee leaves the premises in which case escorting them off site may be sufficient, or does it extend further than this and although not necessarily classed as being at work, should employers ensure they arrive at home safely? Many thanks, Lee
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Rank: Super forum user 
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I will be cruel and suggest that as the employer during working hours you are my responsibility otherwise you are your own liability. I have in the past ejected staff from site who have arrived "worse for wear" contrary to company employment rules. Typically though the hardened drinker is wise enough not to drive to work - on the one occassion I had to deal with this a quick call to their spouse saw the car keys surrendered until the following day. If you follow the logic of your post as an employer am I responsible if someone stops off at the pub on their way home from work? There are already increasing employer intrusions to private life - unpaid over time, email, that quick phone call - without trying to micro-manage the individual 24 hours a day. Turn up drunk contrary to company policy and you set yourself on the route to unauthorised absence dismissal - me sending you home is not authorisation all I have said is you are not fit to attend work that day. And if you are kind enough to actually take them home who is gong to sit and ensure they don't choke on their own vomit whilst sleeping it off?
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 4 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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I will be cruel and suggest that as the employer during working hours you are my responsibility otherwise you are your own liability. I have in the past ejected staff from site who have arrived "worse for wear" contrary to company employment rules. Typically though the hardened drinker is wise enough not to drive to work - on the one occassion I had to deal with this a quick call to their spouse saw the car keys surrendered until the following day. If you follow the logic of your post as an employer am I responsible if someone stops off at the pub on their way home from work? There are already increasing employer intrusions to private life - unpaid over time, email, that quick phone call - without trying to micro-manage the individual 24 hours a day. Turn up drunk contrary to company policy and you set yourself on the route to unauthorised absence dismissal - me sending you home is not authorisation all I have said is you are not fit to attend work that day. And if you are kind enough to actually take them home who is gong to sit and ensure they don't choke on their own vomit whilst sleeping it off?
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4 users thanked Roundtuit for this useful post.
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Rank: Super forum user 
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If you know they are going to get back in their car and attempt to drive home, then yes. Otherwise no.
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3 users thanked WatsonD for this useful post.
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Rank: Forum user
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INMO an employer may be in a sticky position if they try to take the keys off an employee. Especially if they are using their own vehicle. A company vehicle would be a different matter, as it is company property. They would be in the right to report the driver to the police as it would become a road traffic offence.
The OP stated an employee turning up drunk. What would they say about a director, or sales manager that has taken a client for a pub lunch and had a drink or two. Would they be considered unfit to work?
Mike
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1 user thanked mike52 for this useful post.
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Rank: Super forum user 
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As others have alluded, basically an employer's duty of care only applies whilst the employee is at work or carrying out a work related activity. A employer has the right to refuse a person to work if under the influence of alcohol. They can send the person home and advise them not to drive. If the employee ignores that advice then that is their choice.
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Rank: Super forum user
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Also worth considering Why they are turning up drunk? Seasonal celebrations or a cry for help? Is it an HR/mental health concern more than a safety one?
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Rank: Super forum user
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Originally Posted by: mike52  INMO an employer may be in a sticky position if they try to take the keys off an employee. Especially if they are using their own vehicle. A company vehicle would be a different matter, as it is company property. They would be in the right to report the driver to the police as it would become a road traffic offence.
The OP stated an employee turning up drunk. What would they say about a director, or sales manager that has taken a client for a pub lunch and had a drink or two. Would they be considered unfit to work?
Mike
True, I would hope that it would be tackled a little more sensitively than simply snatching their keys off them.
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Rank: Super forum user
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Thankfully I neither had to snatch keys nor report an unfit driver to the police - getting the spouse on the phone was all the encouragement the driver needed to voluntarily surrender their keys.
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Rank: Super forum user
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Thankfully I neither had to snatch keys nor report an unfit driver to the police - getting the spouse on the phone was all the encouragement the driver needed to voluntarily surrender their keys.
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Rank: Forum user
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Interesting that no-one has mentioned for cause D&A testing in this instance...if an employee knowingly comes to work under the influence, that's gross misconduct
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Rank: Super forum user
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Originally Posted by: Oxford Interesting that no-one has mentioned for cause D&A testing in this instance...if an employee knowingly comes to work under the influence, that's gross misconduct
Only if the employer has a D&A policy and suitable just cause testing - not everybody does.
The post was about "on the day" responsibility to an employee you are barring from entering the workplace rather than any long term miss-conduct investigation
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Rank: Super forum user
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Originally Posted by: Oxford Interesting that no-one has mentioned for cause D&A testing in this instance...if an employee knowingly comes to work under the influence, that's gross misconduct
Only if the employer has a D&A policy and suitable just cause testing - not everybody does.
The post was about "on the day" responsibility to an employee you are barring from entering the workplace rather than any long term miss-conduct investigation
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