Retail
Employees engaged in the retail industry are usually both customer service and sales staff. However, they also may be asked to undertake a number of Health and Safety tasks in their line of duty - including contact with the general public.
They are the face of "your company" and as such, need to perform at 100%. Impairment through drink or drugs (including morning or days after) can, not only lose a sale, but could also jeopardize the company's reputation and worse still, put the lives of others in serious danger.
With the ever increasing terrorism alerts in our towns, cities and shopping centres, retail staff more than ever need to be fully aware of their surroundings and persons they come into contact with. Retail staff are both safety and business critical employees.
Employers are increasingly rarely likely to turn a turn a blind eye to drug and alcohol abuse. Even where consumed away from the workplace, the employee may still have the substance in his system. A recent case looked at when dismissal for off-site use is justified and the legality of random testing for the presence of such substances.
The employer introduced a policy involving randomly screening 10% of its workforce each year and to summarily dismiss those testing positive. An employee, whose job including serving hot food, was randomly selected and tested. She was duly dismissed and claimed that such dismissal was unfair.
The tribunal was also asked whether random testing is lawful under the Human Rights Act. The tribunal concluded that random testing forming part of the contract of employment was binding on the employee. She had continued to work after the policy was introduced without complaint and it was evident that her duties could be safety critical. The tribunal considered random testing to be an appropriate measure in such a case and the dismissal was considered a reasonable response to the positive finding. The tribunal also decided that random testing is acceptable under the Human Rights Act if it is conducted lawfully and in the public interest.
Points to watch The tribunal considered it important in reaching its decision that the employee was made fully aware of the policy and knew of the consequences of a positive finding.
It is possible that in certain circumstances charges may be brought against an employer or an employee under either the Misuse of Drugs Act or the Health and Safety at Work Act or both. It would be up to the courts to decide on the circumstances in each case. There is no general duty under the Act to inform the police about any breaches of the Act that you may discover.
It is paramount to have a clear and concise Drug and Alcohol policy, which should include robust testing procedures. Doing so will usually reduce absenteeism and raise productivity. You may also see a downturn in "shrinkage" or loss via internal theft.
Please contact us for more information on how we can assist your organisation and how we can add real value to your processes.
- Why have a Policy
- Training and Education
- Test Types and Methods
- Products and Services
- Extra Services / Support
Please do not hesitate to contact Customer Services on 08450 505590 or via email (enquiries@screensafeuk.co.uk) if you require any further help or assistance.
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DOs and DON'Ts Leaflet |
