Alcohol and drugs policies in the workplace: Key lessons from recent Court rulings

In April 2025, the Amsterdam Court of Appeal upheld the summary dismissal of a managing director who smoked a joint during a Teams meeting, mistakenly believing his camera was off. The employee argued that the joint was smoked at home and after working hours. However, the court considered the meeting part of his working time and ruled that the act violated the company’s zero-tolerance policy. Although this policy – covering both alcohol and drugs – had not been widely communicated, the court emphasized the heightened expectations tied to his leadership role and the stricter social and legal norms surrounding drug use, particularly in professional environments.

On May 22, 2025, the District Court of North-Holland ruled that summary dismissal of a young hotel employee for hard drugs use at a company party was unjustified. The internal policy prohibited both alcohol and drug use during working hours, but didn’t clearly apply to company events. The court found the communication unclear and prior enforcement inconsistent. Given alcohol consumption was widely tolerated at the company event and drug violations had gone unsanctioned before, the instant dismissal did not hold. The ruling shows that merging alcohol and drugs under one policy can lead to unclear expectations and enforcement gaps. Especially if alcohol use is tolerated (on special occasions), this may result in forfeiture of the option to issue an instant dismissal in case of drug use in case of a combined policy and subject to the precise wording.

Practical Implications for employers: combining drugs and alcohol use in one combined policy can lead to ambiguity, unequal treatment, and legal risk. To mitigate legal risks employers are advised to:

• Draft and implement separate, clearly defined policies for both alcohol and drugs use;
• Communicate each policy explicitly and thoroughly to all employees;
• Apply disciplinary measures consistently and proportionately;
• Offer regular training to ensure understanding, compliance and awareness of the workforce.

The Amsterdam Employment team is happy to assist with any questions or support regarding compliance. For example by reviewing or drafting applicable codes of conduct.

Authored by The Amsterdam Employment Team.