Drinking alcohol in class and teaching while under the influence: does it justify a teaching ban?

In Mr Steven Ward: professional conduct outcome the Secretary of State had to decide whether a teacher accused of drinking alcohol in class and teaching while under the influence should be banned from teaching. 

Facts

On the afternoons of Thursday 9 and Friday 10 November 2023, two individuals were assigned to observe Mr Ward teaching. It's unclear whether they were colleagues or external observers, but both reported seeing him repeatedly drink from a blue beer can.

The following Monday, Mr Ward attended a face-to-face meeting with a colleague who noticed that he had a strong smell of alcohol. The school immediately brought him into a further meeting to question him. Mr Ward said he had consumed alcohol the previous evening but denied drinking that morning. The school suspended him and launched an investigation. 

The matter was referred to the Teaching Regulation Agency (TRA), where it was alleged that Mr Ward had engaged in unacceptable professional conduct and/or conduct that may bring the profession into disrepute, on the basis that he had consumed alcohol during lessons and was under the influence during school hours.

Professional conduct panel

Mr Ward admitted drinking from a can but denied that it contained alcohol. During the school's investigation, he said that drinking at work was “not something that [he] would ever do”. However, the panel noted evidence of repeated unusual behaviour. Witnesses saw him concealing the can in his bag, turning away from pupils and others in the classroom when drinking from it, and immediately taking mints after each sip. The panel concluded that, on the balance of probabilities, Mr Ward had consumed alcohol while teaching and was under the influence of alcohol during school hours. 

After finding the allegations proven, the panel considered whether his behaviour amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute. It found that Mr Ward had breached the following Teachers' Standards:

• Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by:
  • treating pupils with dignity, building relationships rooted in mutual respect
  • having regard for the need to safeguard pupils' well-being
• Teachers must have proper and professional regard for the ethos, policies and practices of the school in which they teach, and maintain high standards
• Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities

The panel also considered the offences listed in the Teacher Misconduct: the prohibition of teachers. It found that consuming alcohol and being under the influence on school premises during school hours amounted to behaviour connected to alcohol offences. As a result, it found that Mr Ward's behaviour amounted to serious misconduct falling significantly short of the standards expected of the profession. The panel found him guilty of unacceptable professional conduct and determined that his actions amounted to conduct that may bring the profession into disrepute. 

The panel recommended a prohibition order with a review after three years, and the Secretary of State accepted that recommendation. 

Key takeaways for schools and colleges

Ensure you have clear policies in place that set out expectations around alcohol use and the potential consequences of breaching those standards. If you suspect that an employee is consuming alcohol at work or is attending work under the influence, you should carry out a thorough investigation and follow a fair disciplinary procedure. Such behaviour may amount to gross misconduct justifying summary dismissal. With the package of unfair dismissal reforms taking place from 1 January 2027, it will become even more important for line managers to handle these cases correctly. 

Even where an employee has an alcohol dependency, disciplinary action and dismissal may still be appropriate if they drink alcohol at work or attend under the influence, as addiction is not treated as a disability under the Equality Act 2010. However, if the dependency is not affecting their performance and they are not drinking at work nor attending under the influence, you may wish to consider what support you can offer where appropriate.

Our training

Our online Back-to-Basics training gives your line managers the tools they need to handle day-to-day challenges confidently. We have a number of modules - including how to handle investigations and disciplinary hearings. You can find out more about these in our brochure. Please speak to Gordon Rodham or Jenny Arrowsmith if you need more information. 

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