When Being “Under the Influence” Isn’t Enough: What Tribunals Teach Us About Fairness at Work

It might seem obvious that turning up to work under the influence of drugs or alcohol is a sackable offence. Yet recent tribunal cases are showing that it isn’t that simple.

Time and again, dismissals are being overturned because employers haven’t proven impairment, haven’t followed their own procedures, or haven’t given employees a fair chance to respond.

The message is clear: presence isn’t the same as incapacity, and policies that ignore that distinction are being left behind.

Take the case of a worker dismissed after a positive cannabis test. With no evidence of impairment and a company policy that promised support but wasn’t followed, the tribunal found the dismissal unfair.

Or the employee dismissed because they “smelled of alcohol.” Without proof that they couldn’t perform their duties safely, the dismissal didn’t stand. Even cases of obvious intoxication at work events have been overturned when the employer failed to investigate properly or apply its process consistently.

For business leaders, this should be a wake-up call. These aren’t just technicalities; they reflect a deeper cultural issue. Too often, substance misuse is still treated as a taboo subject, something to be brushed under the carpet or solved by removing the individual.

That approach not only costs businesses money in tribunal claims but also undermines trust and productivity in the workplace.

The better path is to adopt a risk-based, supportive model. That means recognising the difference between someone operating heavy machinery while impaired and someone in an office role with no safety-critical tasks.

It means offering rehabilitation over termination for first incidents, especially in non-safety-critical roles. And it means ensuring processes are followed properly every time, with fairness and proportionality at the core.

This is the foundation of the Better Testing philosophy. By moving beyond the old zero-tolerance mindset, businesses not only avoid legal pitfalls but also create workplaces where issues are managed, not hidden.

For me, this isn’t just about compliance, it’s about building a culture where support and accountability go hand in hand.

The world of work is evolving, and tribunals are reflecting that change. If your policies are outdated or punitive, you’re already behind the curve. But with a smarter, more supportive approach, you protect your business and your people.

If you’re ready to upgrade your workplace testing strategy, book a call with me and let’s build a programme your staff trust and that tribunals respect.