- Dealing with drugs and employee-performance
- What is the current legislation/regulation relating to drug misuse in the workplace and does this go far enough? Is there any guidance available for employers?
- How should an employer deal with an employee who might be underperforming due to legal or illegal drug use? How would ‘underperformance’ be measured in an impartial manner and why is it so important that an employer addresses these issues?
- How can an employee raise a discrimination claim if they think they have been unfairly treated or dismissed? If the internal process fails, is there scope for legal action?
- Are there any associated disability discrimination issues with reprimanding an employee for drug-use? Would it be a reasonable adjustment to allow medicinal drug use at work if that helps a disability?
- What are the practical implications for an employer who does not take the steps to ensure a clear and coherent policy on drug misuse in the workplace?
Practice Management analysis: In light of World Day for Safety and Health at Work 2019, we explore the best practice for employers who are dealing with an employee struggling with drug-misuse. Harriet Riddick, associate at CM Murray, discusses how an employer can reduce the impact on the workplace and the employee’s performance, while safeguarding themselves against charges of discrimination or health and safety offences.
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