Employers routinely have to be live to changes to employment laws and practices to ensure that they operate within the scope of employment legislation. However, alongside these types of changes, employers should be aware of cultural changes which might have an impact on their place of work. One such cultural change which is becoming an issue for some is the rise in the use of legal highs. Following the release of Acas guidance on this subject, we look at this issue in more detail and consider how employers should address this matter internally.

There has been an increase in recent years in the sale and use of legal highs. While steps are currently being taken by the government to limit their sale and use, employers ought to be aware of how to address any issues connected with legal highs should an employee come to work under the influence of these substances.

Substance misuse policies are becoming commonplace in a number of organisations, and the increase in use of legal highs show that, as with all policies, these need to be routinely updated to ensure their relevancy.

Alcohol and drug policies do not have to be limited to what is and isn't allowed in the law. The use of alcohol is not illegal but most companies have a ban on alcohol consumption/intoxication during working hours. Accordingly legal highs should be treated in a similar way and built into alcohol and drugs policies.

Some companies might have a policy that includes drug testing, which can be more complicated when it comes to legal highs. The make-up of these substances changes regularly, so detecting these can be challenging. A policy might instead focus on the effects the drugs have employees in terms of their behaviours and ability to work, rather than the drugs themselves.

Regardless of the approach that an employer takes in relation to drug testing etc. they should encourage employees to seek help for their problems and educate staff on what to look out for when it comes to drug use.

While we hope that this issue is not one faced by your organisation, it is important that employers know what they can do should this become an issue.