The annual Christmas party can cause more than a hangover for many employers, owing to the behaviour of some employees at these events. Whilst some might believe that such parties happen outside the workplace and working hours, so the usual workplace rules don't apply, this is not necessarily the case. In addition, employers can be held liable for the behaviour of their employees in the course of their employment and this has been held to extend to office parties as they are said to represent an "extension of the workplace".
Whilst the fear of claims has led some employers to do away with the annual Christmas party, the risks can be minimised if some thought is given to potential issues in advance and simple measures adopted:
- Consider limiting the amount of (free) alcohol available at the party and serving plenty of food. Inform employees of the standard of conduct expected of them, that intoxication will not be regarded as an acceptable excuse for inappropriate behaviour and that such behaviour could ultimately lead to dismissal. It may be helpful to provide employees with examples of what in fact constitutes "unacceptable behaviour".
- Remember to try and cater for all, where possible, to avoid discrimination. For example, ensure that non-alcoholic alternatives are available and that employees are asked about any specific dietary requirements that they may have. It may also be necessary to consider the location of the party e.g. whether the venue is accessible to disabled persons.
- Harassment claims on grounds of sex have become the most common forms of complaint in relation to Christmas parties but remember that harassment on other grounds is also possible, including, for example, race, religion or belief or age. Employers should consider reminding employees of the content of their Equal Opportunities & Harassment policies and ensure employees are aware of the consequences of any breach. Remember also that employers can now be liable for harassment on grounds of sex by a third party where an employee is subjected to harassment in the course of their employment and the employer has failed to take such steps as would have been reasonably practicable to prevent the third party from doing so. Note, however, that this does not apply unless the employer knows that the employee has been subject to harassment in the course of their employment on at least two other occasions by a third party (whether or not by the same person).
- Any conduct issues and grievances raised should be investigated promptly and dealt with, in accordance with the statutory disciplinary, dismissal and grievance procedures – it will be the last Christmas you will have to comply with these!
We hope that our readers enjoy their Christmas party and we would like to wish you all a Merry Christmas and a Happy New Year!
Disclaimer
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.