Supporting recovery at work

Download the workplace guide (PDF, 3 pages)

Campaign 02 · Equal Treatment · 11 October 2026

For employers, workers and union representatives

Protect the person. Regulate the conduct. Manage the risk.

Workplaces can support people experiencing alcohol or drug dependence while protecting colleagues, customers and the public. Start with a constructive conversation and a clear support plan.

Great Britain: England, Scotland and Wales. Northern Ireland has a different legal framework. General information, not advice on an individual employment or medical situation.

What employers can do now

Make the route to help clear. Explain how someone can seek support, what happens next, the workplace rules and when disciplinary or other action may follow. HSE recommends a policy that supports an employee who discloses a problem. Review how it works in practice. [4]

Prepare managers. Make sure they know how to respond. Arrange a discreet conversation and explain how information will be handled, including any limits to confidentiality. Do not promise absolute secrecy. [5]

Connect the person with appropriate help. Encourage a GP or specialist alcohol or drug service, and consider occupational health where available. Discuss time away for expert help and clarify the relevant leave and pay arrangements. [5]

Assess actual job risks. Driving, machinery, electrical equipment and work at height need particular attention. A temporary move away from safety-critical duties may be necessary. Agree safe arrangements before duties resume. [6]

Listen to workers and their representatives. Health and safety consultation means considering their views as well as explaining the rules. [7]

These are options to discuss, not automatic entitlements to paid leave or a particular adjustment. Support can begin before the law changes.

Make the conversation useful

For workers

Read the relevant workplace policies. Write down the difficulties you want to explain, the support that might help and any safety concerns. Think about what health information you want to discuss.

Ask for a private meeting with the appropriate manager or HR contact. If helpful, ask whether a union representative or trusted colleague can join you. Discuss what you can do safely, treatment appointments, changes worth trying and who needs to know. Occupational health can advise on suitable workplace changes. Ask for the next steps and review arrangements in writing. [8]

For union representatives

Help the worker prepare questions and check the relevant policies. Focus on support, job requirements and individual circumstances. At workplace level, ask whether the policy explains both support and conduct procedures, whether managers understand it and whether workers know where to seek help. Use consultation to raise practical gaps. [4,7]

A simple support-plan record

CLA suggests recording the following. This is a discussion aid, not a clinical treatment plan or a decision that someone legally has a disability.

Work: difficulties and any immediate safety measures.
Support: agreed appointments, duties or working patterns.
Responsibilities: who will do what, and by when.
Information: what will be recorded and who needs access.
Review: a date to assess whether the arrangements help.
Changes: whom to contact if health, duties or risks change.

Keep a copy of agreed arrangements. Acas recommends recording and regularly reviewing reasonable adjustments. [9]

Employment questions: Acas, your union or an appropriate adviser. Health and treatment questions: your GP or a specialist service. [5,10]

Today's law. The change we seek.

The current position

Regulation 3 generally excludes addiction to alcohol, nicotine or another substance from being an impairment for the Equality Act 2010. The exception is addiction originally resulting from medically prescribed drugs or other medical treatment. [1]

An accompanying condition, such as depression or liver damage, may nevertheless meet the disability definition. The ordinary test considers a physical or mental impairment and its substantial, long-term adverse effect on normal day-to-day activities. [2]

Where the legal conditions apply, employers have duties concerning discrimination and reasonable adjustments. What is reasonable depends on the person, the work and the circumstances, including effectiveness, practicality, affordability and safety. [3]

CLA's proposal

Civil Liberties Action calls for a government review and removal of the special substance-addiction exclusion, so cases can be assessed under the ordinary disability test.

This would not make every addiction a disability. Our proposal retains workplace safety requirements, lawful conduct standards and assessment of what adjustments are reasonable. Employment decisions would still require consideration of the applicable law and individual circumstances.

Share this guide, review your workplace policy or discuss the reform with us: policy@civillibertiesaction.org.uk

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