Problem gambling at work
In 2023, some 246,000 individuals were identified as ‘problem gamblers’ and 2.2 million as ‘at-risk’ gamblers. (Public Health England 2023). The numbers are rising year-on-year.
Many of these people will be employed and will probably be gambling at work when they’ve supposed to be working. But you don’t hear much from the government (or employers) about combatting gambling issues at work.
Could it have anything to do with the massive £15bn+ gross annual yield (ie profit) that the UK gambling industry reportedly generates? (Gambling Commission 2023)
What is gambling addiction?
Gambling addiction – aka problem gambling, compulsive gambling or gambling disorder – means you have an uncontrollable urge to keep on gambling despite the toll it takes on your life. Gambling means risking something of value in the hopes of obtaining something of greater value.
Common signs of gambling addiction include:
Feeling the need to be secretive about gambling
Having trouble controlling gambling habits
Gambling when you can’t afford to
Your friends and family expressing concern about your gambling
(Source: Addictions UK)
Problems facing gambling addicts in the workplace
As a gambling addict, you’re more likely than a non-addict to have a variety of problems at work, impacting both you and your employer, such as:
Reduced productivity:
You’re not going to be as productive if you spend time gambling at work, or dealing with the mental health effects of gambling addiction.
Financial problems:
You’re more likely to be tempted to misuse company funds, or even to become involved in fraud or theft as a means to finance your gambling activities.
Poor mental health:
You are likely to develop poor mental health, such as stress, depression and anxiety, as a result of, or exacerbated by, your gambling.
Your legal rights as an employee
As an employee who’s also a gambling addict, you do have some rights under UK employment law, including the following:
The Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 doesn’t specifically deal with gambling addiction, or with gambling at work, but it does require employers to protect the overall health and welfare of their employees. This can include providing support or adjustments for employees who suffer from health conditions such as those related to, or exacerbated by, gambling addiction.
It could also be argued that employers have a duty under this Act to address issues that exacerbate a gambling problem, such as stress, or poor mental health support in the workplace, as part of their wider obligations to employee welfare.
The Equality Act 2010
The Equality Act requires employers to make reasonable adjustments for disabled workers who suffer from conditions that qualify as disabilities, and not to discriminate against them.
What is a disability related to gambling addiction?
For your gambling addiction to be considered a disability under this Act, you’d need to demonstrate that your disability is a mental impairment that has arisen as a result of your gambling addiction.
You’d also have to show that it has a ‘substantial’ and ‘long-term’ negative effect on your ability to perform your normal day-to-day activities, as outlined further below.
How to prove a disability related to gambling?
The evidence you’d need to prove you’re disabled because of your gambling addiction is quite tough, for example:
- You would need evidence and documentation from independent healthcare professionals to explain how your gambling addiction comprises a mental impairment.
- You’d have to show how the impairment significantly affects your daily tasks such as time management, social interaction and concentration, and/or your ability to complete daily work activities effectively.
- You would also have to provide medical evidence that the effects of your addiction have lasted, or are expected to last, for at least 12 months, or – if your addiction is intermittent – evidence to demonstrate that it’s likely to recur.
Examples of reasonable adjustments by your employer
Once you’ve demonstrated that your condition is a disability, your employer is legally obliged to consider reasonable workplace adjustments. The aim of these adjustments is to help you manage your condition and continue working effectively. They might include:
- Flexible working hours or breaks: to help you to manage stress or to attend addiction therapy sessions.
- Workplace modifications: to help reduce triggers or stress factors that exacerbate your gambling urges, such as limiting your access to computers or the internet if online gambling is an issue.
- Job role adjustments: to alter your job duties if certain responsibilities make your condition worse, such as reallocating tasks that are high-stress or associated with financial management.
The main thing is that adjustments should be “reasonable,” which means they should not impose disproportionate or undue hardship on the business. What is reasonable will depend on factors such as the size of the organisation, the nature of your job, and the cost and practicality of implementing the adjustments.
Employers’ policies and practices for gambling at work
Your employer should have relevant and clear policies about gambling at work which are consistently enforced, with everyone being treated in the same way for the same kinds of transgression.
You are also entitled to a fair and confidential handling of any addiction issues that you disclose and you can reasonably expect support from your employer to seek treatment and recovery.
Help with problem gambling at work
Legal employment issues: Experienced employment lawyers, such as Monaco Solicitors
Gambling support: eg Gamcare, NHS National Gambling Clinic
What next?
Whether your problem at work relates to gambling, or any other employment law matter, get in touch with Monaco Solicitors if you’d like friendly and professional advice from an experienced team of specialist employment lawyers. We only work with employees, so we understand where you’re coming from! Contact us:
- via this link
- phone 020 7717 5259
- email communications@monacosolicitors.co.uk
Or if you don’t know whether or not you have a legal case that’s worth making a claim for, click the ‘Get Started’ button below to find out.
