The Christmas staff parties are not far off. Time to have fun yes – but for some they can have disastrous consequences. A recent survey of 2,000 employees carried out by the Chartered Institute of Personnel Development (CIPD), revealed that one in ten workers know of someone from their organisation who has either been disciplined or dismissed for inappropriate behaviour at this toxic time of year.
Don’t let yourself become that one employee; Check out our guide for a successful Christmas party:
1. Set Expectations
Email your employees explaining the behaviour expected of them. The courts have found that the ‘course of employment’ extends to social events outside of office hours organised by the employer, and that includes the Christmas Party.
2. Do Not Force Employees to Attend
There may be a variety of reasons as to why an employee is unable to attend. For example, there may be religious reasons or childcare responsibilities. An employer could be risking a claim for discrimination.
3. Don’t Put Up Mistletoe!
Policies on harassment and discrimination still apply at an office party and this harmless looking plant that crops up at Christmas can create uncomfortable situations.
A ComRes survey in 2017 indicated that 40% of women and 18% of men have experienced some form of unwanted sexual behaviour in the workplace, ranging from unwelcome jokes or comments of a sexual nature to serious sexual assault.
4. Be Wary of Smartphones
Your employees represent your brand and social media mixed with alcohol may lead to employees posting controversial photos or comments, which at the time may be seen as, ‘a bit of banter’. In some cases, employees have been dismissed or refused promotion due to their actions on social media. It is good practice to make employees aware of your Social Media Policy.
5. Provide Food and Always Provide an Alternative to Alcohol!
If proposing to dismiss someone due to drunkenness, it must be shown that genuine business interests were threatened by their behaviour and an adequate investigation was carried out. However, even when an employee commits a serious act of misconduct, if the employer has encouraged or condoned drinking this may be seen as a mitigating factor.
6. Advise Employees to Watch Their Alcohol Consumption
With that in mind, if a free bar is provided, employment tribunals may well be unsympathetic if an issue arises later due to a drunken employee.
7. Keep an Eye Out for the Office Junior
Bosses cannot allow under-18s to drink. In an extreme example, an employer was once found responsible for the death of a girl at the office party due to alcohol poisoning.
8. Under No Circumstances Discuss Work - Especially Pay!
In one case, an employee sued an employer resulting from a promise made at a Christmas party for a pay rise, which did not materialise.
9. Beware of After Event Gossip
In one case a female employee fell pregnant following what the employment tribunal categorised as ‘contributory conduct’ with a male colleague at the office Christmas party. Rumours about her pregnancy, and the possible paternity of her child, abounded, allegedly spread by the HR Manager.
Following a refused request to move office and failure to investigate her grievance, she resigned claiming constructive dismissal and discrimination on the grounds of her gender/pregnancy. Her claim for sex discrimination was upheld on appeal.
10. Don’t Let Staff Drink and Drive
If a member of staff has clearly drunk too much at the office Christmas party and plans to drive home, the employer needs to take responsibility. An employer has a duty of care to its employees, so consider travel arrangements and provide cab numbers.
But… Don’t Forget to Wish Everyone a Good Time
Follow our ten top tips and you should have a fuss-free and legal Christmas party. However, if something does go wrong, our employee law solicitors are always here to help.
Have a happy Howells Christmas!
