Laws on drug testing and alcohol testing - UK

The legal position on drug testing at work is somewhat confusing, largely because there is no direct legislation and important legal questions hinge on interpretation of a whole range of legal provisions in health and safety, employment, human rights and data protection law.

The report from the Independent Inquiry on Drug Testing at Work (IIDTW) sets out and considers the arguments on drug testing at work, and concludes with a set of detailed recommendations.  The IIDTW found that the legal position on drug testing at work is confused. Employers could be open to legal challenge if they invade the privacy of employees unnecessarily, particularly under the Human Rights Act 1998 and the Data Protection Act 1998.

One conclusion of the inquiry was that employers have a legitimate interest in drug and alcohol use amongst their employees in a restricted set of circumstances only. These circumstances are:

  1. where employees are engaging in illegal activities in the workplace;
  2. where employees are actually intoxicated in work hours;
  3. where drug or alcohol use is (otherwise) having a demonstrable impact on employees' performance that goes beyond a threshold of acceptability;
  4. where the nature of the work is such that any responsible employer would be expected to take all reasonable steps to minimise the risk of accident; and
  5. where the nature of the work is such that the public is entitled to expect a higher than average standard of behaviour from employees and/or there is a risk of vulnerability to corruption (for example, in the police or prison service).

View the full report Independent Inquiry on Drug Testing at Work (IIDTW)

Our consultants can inform you of your legal responsibilities and limitations regarding drug and alcohol testing in your workplace.