The latest in our series of festive employment law posts looks at the implications of alcohol consumption and work. So can you go to work after having had some Christmas cheer the day or night before, or on the same day?



This will depend on where you work and your company policy on alcohol. In many occupations it is actually illegal to go to work if you have consumed alcohol.

The Transport and Works Act 1992 makes it an offence for a number workers to be unfit to work as a result of consuming alcohol or drugs while working on railways and other transport systems.

Furthermore, the Road Traffic Act 1988 makes it an offence for anyone unfit through drink or drugs to drive and so if your job requires you to drive, it will be illegal for you to go to work after consuming the requisite level of alcohol.

In addition, your employer has a duty to protect the health and safety of all workers and visitors to the workplace, normally your employer will have an alcohol policy stipulating whether you are permitted to drink alcohol prior to coming to work. If you work in an industry where there is heavy machinery or other hazards that may be antagonised by alcohol, it is likely your employer will operate a zero tolerance policy towards alcohol.