Zero tolerance for alcohol and drugs: where does the real boundary lie?

A zero-tolerance policy means that no violations are permitted: a single violation can immediately lead to summary dismissal. In practice, this often goes wrong because employees are not always aware of which rules apply, or because employers do not apply the policy consistently. For example, if an employer says “zero tolerance for alcohol and drugs” but still allows alcohol during company events, this constitutes inconsistency. For summary dismissal, a zero-tolerance policy must be clear, unambiguous, and applied consistently. A recent judgment illustrates this.

A 20-year-old receptionist worked for a hotel chain. During a company party organized by the employer on 20 January 2025, she used a small amount of cocaine, while colleagues consumed alcohol without restriction. A few days later, she admitted this and was summarily dismissed.

According to the hotel’s internal regulations, it is prohibited to use alcohol or drugs during working hours or to appear at work under the influence. A violation may lead to disciplinary measures, including dismissal, but the regulations do not automatically link use outside working hours to dismissal. Moreover, the party took place outside working hours, and alcohol consumption during the party was permitted.

The subdistrict court judge ruled that the dismissal was not legally valid. Summary dismissal is only permissible where there is a correctly and properly invoked urgent reason, and where less severe measures, such as an official warning, are insufficient. In assessing this, all circumstances must be taken into account, such as the seriousness of the conduct, the length of service, and the employee’s position and age.

In this case, multiple colleagues were involved in drug use, alcohol was permitted, and the employer had not consistently enforced its policy against drug use. For example, previous offenders had sometimes not been sanctioned immediately, and an employee who had received three official warnings for drug use had later been rehired. The court concluded that, as a result, it was insufficiently clear to the 20-year-old receptionist that drug use during a company party would automatically lead to dismissal.

Given the circumstances, the age and position of the employee, and the fact that a less severe measure would have sufficed, there was no urgent reason for summary dismissal. The dismissal was annulled and the employee was entitled to continued payment of her wages.

In short, a zero-tolerance policy can be a powerful tool to combat undesirable substance use in the workplace. But it only works if it is applied clearly, unambiguously, and consistently. Especially around holidays and company events, it is crucial that employees know exactly where the boundary lies and that these boundaries are actually enforced.

1. Be clear and specific
   Clearly define which behavior is prohibited, including situations such as drinks receptions or company parties. Be consistent in what “zero tolerance” means.
2. Communicate repeatedly
   Ensure that all employees are aware of the applicable rules and the sanctions that follow in the event of a violation.
3. Enforce consistently
   Zero tolerance only works if violations are always sanctioned in the same way. Inconsistency can lead to legal issues.
4. Document everything
   Carefully document warnings, incidents, and measures. This is crucial in the event of legal review.
5. Make policies logical and realistic
   If alcohol is permitted at social events, state this explicitly. Vague or contradictory rules create uncertainty and make the policy less effective.

Do you have questions about employment law? Then contact Ymke Stam, legal assistant Employment Law and Employee Participation, or one of our other colleagues.

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