Whilst the work Christmas party may be the highlight of the social calendar for many employees, the morning after can see the kind of headache for employers that isn’t solved by a couple of alka seltzer…

Just because office Christmas parties may take place outside office hours and away from the workplace, employees may assume that they are free from the usual workplace rules and constraints. Wrong! Offensive and/or other inappropriate behaviour cannot be excused on the basis that it took place at an office party. Employment tribunals have recognised that if a clear link can be established between your organisation’s interests and the employee’s misconduct, you will usually be entitled to take action. Remember also that anti-discrimination legislation provides that you can be liable for the actions of employees in the course of their employment and acts at a work party will usually be covered.

The main areas of potential risk that a Christmas party can expose are:

  • Harassment:

Claims of sexual harassment are the most common legal issue to arise from the office party. However, harassment claims could also occur over marital status, race, religion or belief, sexual orientation, disability or age. Any allegations of harassment will potentially have implications for the employment relationship and so must be dealt with effectively - investigate promptly and fully and take disciplinary action, where appropriate.

  • Alcohol abuse:

It may be unreasonable to expect employees to remain sober, especially if you are providing drinks. However, if you feel an employee’s drunken behaviour merits dismissal, you must show a threat to the interests of the organisation and/or its employees. Remember to conduct adequate investigation. Even when an employee commits an act of misconduct, the fact that you condoned drinking may be a mitigating factor. Unless disciplinary/alcohol abuse policies draw attention to what is unacceptable behaviour, and potentially misconduct, a dismissal may not be as straightforward as you think!

  • Drug-taking:

Drug-taking by employees may damage an employer’s reputation and undermine trust in the employee. If you would not tolerate drug-taking in the workplace, treat a work function in the same way. Whether or not disciplinary sanctions will be justified will depend on the connection between the behaviour and the organisation’s interests. Again, investigation is important. Other relevant factors will include whether there has been a breach of disciplinary/ substance abuse rules, the impact on the performance of the employee’s job and/or associations with other employees and impact on the reputation of the organisation.
  • Unauthorised absence:

Unauthorised absence the day after the Christmas party can be treated as a disciplinary matter, provided employees are aware of the likely consequences in advance of the party.

What can you do to minimise these risks?

  • Have a clear written harassment policy in place that has been fully implemented through training to all staff. You are less likely to be held liable if you can show you have taken steps to prevent harassment arising.
  • Make clear the standards of conduct expected of employees with reference to alcohol/substance abuse policies and tell them that these apply equally to social functions and as such inappropriate behaviour could lead to disciplinary action up to and including dismissal.
  • Ensure employees are aware of whether or not they are expected to return to work after a Christmas meal. Employees should also be aware of the consequences of an unauthorised absence in advance, and specifically if there is reason to believe the absence is due to too much alcohol.
  • Ensure there are plenty of non-alcoholic drinks, as well as alcoholic drinks available and that there is enough food.
  • Any disciplinary proceedings should be conducted appropriately, promptly and fairly and of course, in compliance with the statutory minimum procedures.
  • Finally, remember that for the first time, your Christmas parties will need to be smoke free and that it’s a criminal offence to smoke, and or to knowingly permit others to smoke in no-smoking premises (i.e. most wholly or substantially enclosed premises, including places of work), and to fail to conspicuously display the appropriate no-smoking notices.

If these points are followed there is no reason why the annual office Christmas party should be anything other than an enjoyable event for all concerned, where the only headaches are a result of one to many glasses of mulled wine!

Disclaimer

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

© MacRoberts 2006

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.