UK: I Saw My Boss Kissing Santa Claus...

Last Updated: 20 December 2010
Article by Katy Wedderburn and John Macmillan

The annual Christmas party is often one of the most anticipated events on the office social calendar. It's a chance to eat, drink and be merry, often at the company's expense, sometimes in more ways than one!

Alcohol. Things often get a little rowdy when the wine has been flowing all night. Unorthodox use of the photocopier, amorous activity on company premises or insulting the boss are all examples of behaviour which is likely to end with the culprits tangled up in disciplinary proceedings.

Alcohol has also been known to loosen the tongue and, whilst this may usually involve more junior staff members, occasionally it is the bosses who slip up. In Judge v Crown Leisure Ltd, an employee claimed his boss had promised him a significant pay rise in the course of a discussion at the Christmas party. When this did not materialise he resigned and claimed constructive dismissal. Ultimately, the employee lost, though not before a visit to the Court of Appeal and undoubtedly a prolonged hangover for the employer concerned!

Top Tips:

  • Be clear about expected standards of conduct, that intoxication will not be accepted as an excuse and that inappropriate conduct may lead to dismissal.
  • Don't negotiate terms and conditions under the influence!
  • Providing plenty of non-alcoholic drinks and food should go some way to balancing out the effects of any free alcohol on offer!

Discrimination and Harassment. A recent CIPD survey of 2,000 employees revealed that 1 in 10 knew someone from their organisation who has either been disciplined or dismissed for inappropriate behaviour at the Christmas do. Top of the list were punch-ups and threatening behaviour. Sexual harassment also ranked highly. In Livesy v Parker Merchanting, an employee was sexually harassed on the way home from the Christmas party. There had also been earlier incidents of harassment during normal work hours and at the party itself. This was held to be a continuous course of conduct, that all the incidents were within the course of employment and the employer was found vicariously liable.

In Nixon v Ross Coates a female employee was seen to leave the Christmas party with another member of staff. Not long after this event it became common knowledge around the office that Ms Nixon was pregnant. Concerned about the rumours of her pregnancy Ms Nixon requested that she be moved office. This request was denied. She was informed that, after she returned from pregnancy-related sick leave, she would have to return to work in her original office or she would not receive her wages. As a result, she resigned from the firm and brought claims for unfair dismissal, sex discrimination, discrimination on the grounds of pregnancy and harassment. The ET ruled that Ms Nixon had been constructively unfairly dismissed but rejected her other claims of discrimination and harassment. However, the EAT concluded that the gossip that was going around the office was connected to the pregnancy and within the definition of harassment in the Sex Discrimination Act 1975. The EAT also held that failing to move Ms Nixon to a different office amounted to pregnancy-related discrimination under the 1975 Act section 3A.

Remember also that certain events, for example those centred on the consumption of copious amounts of alcohol, may exclude, or potentially offend, individuals with particular religious beliefs. Employers should strive to make their Christmas events as inclusive as possible.

In addition, employers who provide after-dinner speakers should take care who they choose, bearing in mind the case where a post-dinner speech by Bernard Manning left the host hotel liable for the offence caused to Afro-Caribbean waitresses by his racist jokes.

Top Tip:

  • Check your equal opportunities policy is up-to-date and covers all strands of discrimination and harassment. Ensure staff are aware of it and that disciplinary action will be taken in relation to unacceptable conduct during social occasions.

The Evidence! The rise of social networking sites has thrown a new peril into the mix. Pictures of colleagues misbehaving at work parties posted on social networking sites, websites and blogs could lead to grievances and damage to reputation.

Top Tip:

  • Ensure these activities are covered in your policies and make it clear that breaches are liable to result in disciplinary action including dismissal.

Provided employers take pro-active steps to drive home the message that company policies are equally applicable in the party setting, make clear the potential consequences of breach, investigate any complaints promptly, and take action where appropriate, in accordance with the ACAS Code of Practice, there is no reason to fear the festive cheer.

We hope that our readers enjoy their Christmas parties and wish you all a very Merry Christmas and a happy and prosperous New Year!


The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.

© MacRoberts 2010

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.