Tag archives: alcohol

The results of an alcohol test do not justify a dismissal if based on unenforceable internal regulations

Under French employment law, the issue of alcohol consumption at the workplace is taken very seriously as it could entail significant risks, not only for the employee and his/her colleagues, but also for the company in general (loss of productivity, reputational risks, etc.). Moreover, the employer is bound by a duty of care towards its employees and is required by the French Labour code to prevent employees under the influence of alcohol from working on the company’s premises.

In this context, case law permits employers to have recourse to breathalyzer devices in orders to control the alcohol blood level of … Continue Reading

Dealing with end of year work parties

The onset of legal liability in the New Year, following a mishap at the end of year work party, is an unpleasant reality for employers.

Employers can leave themselves open to this liability because of misunderstandings about the extent of their powers and responsibilities.

The legal reality is that the end of year office function is part of the workplace. As a consequence the employer has legal responsibilities to employees who attend the event. The employer can be held financially liable if those responsibilities are not met. A further consequence is that the employer has the legal standing to regulate … Continue Reading

What employers should remember when hosting company parties

As we enter the holiday season, so too do we enter the holiday party season. But as the holiday cheer begins to flow, employers face a number of concerns that can be addressed with some extra planning. This Norton Rose Fulbright newsletter will give employer’s some pointers on addressing the risks of holiday parties and ensuring the good times don’t turn bad.… Continue Reading

Alcohol testing: a drunk employee does not necessarily mean a fair dismissal

The legal background

The issue of alcohol consumption in the workplace is a common concern for any employer wishing to protect its employees’ health and safety at work. From a legal perspective, this can result in potential risks in terms of criminal and civil liability, particularly with regard to the employer’s duty of care toward its employees.

In this context, one aspect of the management of alcohol-related issues arising in the workplace is the implementation of alcohol testing on employees. In this respect, French case law has allowed the use of such testing in specific circumstances (where this is justified … Continue Reading

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