Can an employee suffering from the effects of alcohol from socialising with colleagues claim that this is part of work culture?
A Socialising with colleagues could be part of the work culture and seen as part of the ‘fitting in’ process. However, if employers have a clear policy in place specifying what is acceptable behaviour and what amounts to misconduct, then employees will be in no doubt as to the misuse of alcohol amounting to misconduct. Q Could employees be covered under the Disability Discrimination Act? A Yes, employers must also be aware that alcohol misuse may be part of a wider issue, as a sign of an underlying disability, such as depression or organ damage. Alcohol addiction is itself not a disability and is excluded from the protection of the Disability Discrimination Act 1995 (DDA). However, the Disability Discrimination (Meaning of Disability) Regulations 1996 state that it is not necessary to consider how an impairment is caused for it to be a disability. There are apparent difficulties in the interpretation of the DDA in conjunction with the regulations, as to whether any addiction is a disab
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