Bosses should tackle the issue of lunchtime drinking in the workplace or face landing in the drink, warns Swindon employment lawyer Malcolm Gregory.
Malcolm Gregory, Partner and Head of Employment at Withy King Solicitors, says the new Corporate Homicide Act could leave them vulnerable to prosecution.
The new rules mean for the first time firms can be found guilty of corporate manslaughter on the basis of gross corporate failures in health and safety.
“For example, if an employee who has been involved in a boozy client lunch was involved in an accident on his way back to work that results in a death, it is possible both the company and the senior management team could be held criminally liable for the accident,” said Malcolm.
“Where alcohol is part and parcel of client entertaining it’s important to lay down firm guidelines, and to identify potential areas for risk and address them immediately.
“If a company handbook categorically states that being under the influence of alcohol during working hours is a disciplinary matter, it is much easier to enforce the relevant sanction.
“If staff are going out for pub lunches, or attending client meetings and events, their rights and responsibilities need to be clearly spelled out.”
An increasing number of companies are introducing alcohol testing or screening.
However, Malcolm urges firms to weigh up the pros and cons before going ahead with such measures.
“Companies should carefully consider whether testing is really necessary and balance the need against the potential damage which could be caused to employer/employee relations in introducing such a measure.”
For further information on this issue or any other employment matter contact Malcolm Gregory at Withy King solicitors on 01793 536 526 or at malcolm.gregory@withyking.co.uk
