The numbers are stark. The British Safety Council reported in 2024 that 40% of industrial accidents were linked to substance misuse, with alcohol responsible for between 20% and 30% of all recorded workplace accidents. And yet many employers are still handling drug and alcohol cases in ways that leave them wide open to tribunal claims.

This is not just a health and safety issue. It is an employment law issue. And increasingly, it is a process issue.

The policy problem

Drug and alcohol testing involves processing sensitive health data classed under UK GDPR as special category data, and employees must give informed consent, with policies clearly setting out:

• when testing may occur
• how samples are handled
• the confidentiality safeguards in place
• the consequences of refusal

Stress, long hours and other pressures can drive dependency on alcohol or stimulants, making this a wellbeing issue as much as a disciplinary one.

Addiction itself is not legally classed as a disability, but related conditions such as depression can be protected, making it important to handle each case carefully and document every step. Employers who skip that documentation risk a great deal.

The testing trap - The View of a Forensic Scientist Abi Carter

This is where we see employers come unstuck most often. Many workplaces use Point of Care Testing — the quick, on-site screening kits. They are useful for making immediate risk-management decisions, such as removing someone from a safety-critical role. But they are presumptive only. Acting on them alone is a serious mistake.

Forensic scientist Abi Carter of Forensic Resources Ltd, who advises employers on evidence gathering in workplace investigations, is clear on this point. A non-negative screening result must always be sent to an accredited forensic toxicology laboratory before any disciplinary action is taken. A confirmed lab result, which typically takes three to five days, is what makes a case legally defensible.

There is another layer of complexity too. A positive result does not automatically equal misconduct. Common prescription medications including certain painkillers, ADHD treatments and antidepressants can influence results in ways that look alarming but are entirely lawful. Without expert interpretation and a thorough investigation, you risk dismissing someone unfairly.

The Employment Rights Act makes this more urgent

With unfair dismissal protections set to extend to employees from six months' service under the Employment Rights Act 2025, the pool of potential claimants is growing. Getting your policies and processes right now is not just good practice. It is protection.

Being test-ready

Substances are only detectable for a finite window. If you are not registered with a testing provider, you cannot act quickly enough when an incident occurs. Forensic Resources Ltd offers pre-registration with no retainer cost, meaning you can be prepared without any ongoing financial commitment until you need a service.

For advice on your drugs and alcohol policy or support with a live case, speak to the Impact Lawyers team at contact@impactlawyers.co.uk.

For specialist forensic evidence, testing and expert interpretation, contact Abi Carter at Forensic Resources Ltd.