The DisabilityDiscrimination Act (DDA) excludes a number of medical conditions,one of which is alcoholism. But experts have said that employersstill be to pay attention to the DDA when dealing with alcoholicworkers.
Ashley Graham an employment law specialist with Pinsent Masons,the law tighten behind OUT-LAW. COM said that conditions such as liverdisease or depression resulting from alcoholism could beprotected.
"The Act is intended to defend populate suffering fromnon-personally induced conditions whereas alcoholism is seen to beon the adjoin," she told technology law broadcast. "If there are any associatedconditions such as depression that is covered under the DDA."
"The way it works is that you would have a recognised disabilityand you would be covered by the Disability Discrimination Act andthat would mean that an employer would be prevented from treatingyou any less favourably and subjecting you to a detriment on thegrounds of your disability," she said.
Ben Willmott has just completed a study for the CharteredInstitute of Personal Development on companies' treatment ofalcohol and drugs related issues. He agrees with Graham's view. "Ifdrinking results in a condition which is covered under the DDA thenyou are covered under the DDA," he said.
A recent inspect underlined how careful employers need to be indealing with cases of drinking and medicate use. In a case heard by anemployment tribunal a Mr Sinclair claimed unfair dismissal byWandsworth Council. He had been dismissed after turning up drunk towork twice.
The tribunal awarded Sinclair damages and reduced them to takeaccount of his culpability in turning up to work. That reductionwas only 25% though because he had not been given WandsworthCouncil's alcohol policy.
That was changed on appeal and the tribunal ordered to specify abigger reduction in Sinclair's payout but the inspect highlights howcarefully companies have to treat alcoholism in the workplace.
Willmott said that the most important things for companies to dowere to create a specific policy and communicate it regularly andclearly to workers.
But Graham said that in the aftermath of the Sinclair decision,some organisations were better off not creating a policy in thefirst displace if they could not pledge its successfulcommunication and implementation.
"Realistically if the organisation isn't capable of activelymanaging the policy actively making sure that it is communicatedto all employees and it's kept up to date then in some cases itmight be safer not to have the policy at all," she said.
Disclaimer: This was printed from OUT-LAW. COM a function of international law tighten Pinsent Masons. We hope you sight this content useful. However gratify note that nothing in this document constitutes specific legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Any questions please telecommunicate info@out-law com.
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