Help! I think my Nursery Nurse is smoking cannabis

When you read posts like this on social media, I believe a reasonable person’s heart jumps a little. Please no you think, not in a Nursery environment!

From a HR perspective I am used to absenteeism, lateness, poor attitude and even those who deliberately avoid work. Yet I’ve never got used to the fact that some people take illegal drugs in their free time; and it’s increasingly a problem for UK employers.

The Facts

After alcohol and tobacco, cannabis is the most commonly used drug in the UK.

One in eight adults (aged 16-59) and one in five young people (aged 16-24) say they have used cannabis in the last year. (Source: talktofrank.com).

The Signs

Here’s some signs your employee may use drugs:

• Unexplained change in personality or attitude.
• Sudden mood swings, irritability, or angry outbursts.
• Periods of unusual hyperactivity, agitation, or giddiness.
• Lack of motivation; appears lethargic or “spaced out.” 
• Appears fearful, anxious, or paranoid, with no reason.

According to the experts its the people of working age that are taking cannabis in their free time.

If someone makes a disclosure to you

So what would we do if a practitioner disclosed during their supervision that they were smoking cannabis outside of work or you become aware that someone is smoking cannabis because a conversation is overheard. 

Firstly, we would advise you investigate. This may involve taking statements from any witnesses, interviewing the employee to ask them whether they smoke cannabis, or if they made the disclosure why they made it and what they need you to understand about their disclosure. 

For example, an employee telling you they are smoking cannabis could be saying:

• I don’t want to be, I need help.
• I am associating with the wrong people outside of work and I need guidance. 
• I am struggling with my mental health
• I think I am being clever, and I don’t see why its illegal*

*This last one may seem flippant but it was actually said to a manager investigating her colleague’s disclosure of “I have a space cake would you like one? I smoke weed of an evening.”

See where the investigation leads you. It may become a capability issue, they need help with their health, or even a conduct issue (we don’t discuss drug use at work). 

What if I have a member of staff who I feel is “stoned” at work?

If you find yourself with a member of staff who attends work under the influence of drugs, our advice would be consider suspension whilst you investigate a potential act of gross misconduct.  You may wish to contact your LADO regarding the member of staff. 

What if we find cannabis at work?

Picture the scene, your staff member is putting on her coat, pulls out her gloves and a deal bag of weed falls to the floor, only to be picked up by a 3 year old.

You may find that you have someone bringing cannabis into your Nursery. You may find you have a supplier of cannabis, or someone who is living with people growing cannabis for profit.

Our advice would be refer it to LADO. LADO is the person who should be notified when there are concerns a professional or volunteer who works with children has:

• Behaved in a way that has harmed a child, or may have harmed a child.
• Possibly committed a criminal offence against or related to a child.
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children.
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.
• Behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child.
• As a parent or carer, has a child that has become subject to child protection procedures.
• Is closely associated with someone in their personal lives (e.g., partner, member of the family or other household member) who may present a risk of harm to child/ren for whom the member of staff is responsible in their employment/volunteering.

The LADO will provide advice and guidance on whether the allegation sits within the scope of the procedures. If the allegation does fall within the scope of the procedures, the LADO will oversee the management of the allegation, co-ordinate information sharing with the right people and monitor and track any investigations, with the aim to resolve it as quickly as possible.

The LADO liaises with organisations such as the police, other departments within the council such as social care, regulatory bodies such as Ofsted and professional bodies to ensure a thorough and fair process for all those involved.

Recommend your employee gets help

If someone is taking cannabis then they can get help by reading information from NHS Choices.

If you need assistance with this or any other aspect of HR or employment law please call us on 01527 909436.