Christmas Parties
It can be a great way of getting to know your employees in an informal social setting but it is important to remember that a social gathering connected to work is likely to be considered an extension of the workplace.
The presence of alcohol will not be considered a reasonable defence in the event of things going wrong from an employment tribunal’s perspective and therefore relevant employment legislation still applies e.g. discrimination, harassment and bullying.
Will you be holding a Christmas party this year? If it isn’t the economy, perhaps the fear of employment legislation which the government haven’t tackled may put you off.
Providing your employees recognise what is acceptable behavior and what isn’t you should be fairly safe shouldn’t you… but will they still recognise right from wrong after a few bottles of Christmas cheer?
- Discrimination – When deciding on where and when to hold your party then you may want to consider any concerns that staff may have and consult them on the venues. E.g. ice skating may not be the most appropriate event for long term osteoporosis sufferer Helen. 19 year old Christine feels distinctly uncomfortable with ‘the lad’s’ planned visit to the cities most infamous strip club. Similarly a pub crawl may not be appropriate for strict muslim Masud.
- Harassment - It is a good idea to refresh staff of your harassment policies prior to their attendance at the event and remind them that any wrongdoing may result in disciplinary action. Whilst it may seem a killjoy approach an employment tribunal application form dropping through the letterbox is not the best hangover cure.
Unfortunately the following festive gatherings resulted in litigation:
Bobby’s Beat..en
A male and female employee were seconded to the Regional Crime Squad.
The first incident was in a pub with work colleagues. The male secondee pulled his stool overly close to the female secondee, flicked her hair and touched her clothing in an intimate manner. Other officers present formed the opinion that they were having a relationship even though this was not the case.
On the second occasion, the female secondee attended a leaving event where the male secondee was with a group of other officers. He inferred loudly that he would be prepared to pay to have sex with her. No action was taken regarding her subsequent complaint. She complained to an Employment Tribunal which said that neither event was an informal gathering.
The two officers would not have been there except for the work connection, thus it was an extension of work and the workplace. The Employment Appeal Tribunal supported this on appeal.
Playground Behaviour…
A teacher and support worker were both dismissed by Governors for fighting in the street after their staff Christmas party. Separate Employment Tribunals held the dismissals fair. One employee had professional responsibilities for helping pupils with aggression! The Employment Tribunal exonerated the Governors of the School from any blame.
Costly Gossip
Following an employee’s appeal against a firm of solicitors, the Employment Appeal Tribunal held that post party office gossip can amount to discrimination and harassment.
Other employees witnessed the female employee kissing another employee and spending the night in his room. A while later she advised the Managing Director she was pregnant. The HR Manager became aware of the situation and began to gossip and speculate about the paternity of the child. The employee complained and asked to be relocated. When the Firm refused, she resigned, claimed constructive dismissal and sex and pregnancy related discrimination. The Employment Appeal Tribunal agreed with her.