Partner Article

Trouble free Christmas party

It is coming up to that time of year again; the office Christmas party. These parties can be a great morale boost for businesses but employers and employees alike should be aware of the potential risks of inappropriate behaviour, often fuelled by excess alcohol. This could result in more than just a nasty hangover, for example disciplinary action or even an employment tribunal claim.

Christmas parties are often the time when people’s professional and personal lives meet. However, it is important to remember that an office Christmas party is an extension of the office environment even if it is held off-site and outside working hours. Employers are likely to remain liable for acts of harassment, discrimination or other unwanted conduct so employers may want to consider the following tips to help achieve a trouble-free office party.

Remind staff of acceptable behaviour

Remind staff about acceptable behaviour ahead of office Christmas parties. Point staff towards their discipline and grievance policies, equal opportunities and harassment policies and make sure they are aware that, as it is a work event, the same rules apply. Employers may want to go a step further and implement a specific policy on behaviour at office parties.

While this may appear a tad excessive or ‘scrooge-like’, it will assist employers in defending any subsequent claims and illustrate that action was taken in advance to protect employees.

The invitation

Don’t insist all staff attend the Christmas party. Christmas is a Christian holiday; it may be that some employees do not want to attend for religious or family reasons which is perfectly acceptable.

After-dinner speakers

Consider briefing any speakers or entertainers in advance to ensure that their material is suitable and won’t give offence.

Secret Santa

If some staff are not included in Secret Santa, you may want to consider the reason why to rule out exclusion or bullying. Also think about gift swapping. Some gifts, which may be considered very funny to the giver and onlookers, may not be well received by the recipient and could spark complaints.

Alcohol consumption

ACAS states that: “whilst it is hard to stop employees over-indulging, limiting the amount of alcohol at the party, providing non-alcoholic options and supplying enough food can all help minimise the risk of employees getting drunk. It’s also advisable to think carefully about making the event as inclusive as possible, so that everyone can enjoy it. Employers need to be sensitive to employees who do not drink alcohol or who do not eat certain foods, perhaps for religious reasons.” Failure to do so could result in complaints of religious discrimination.

Promises made at Christmas parties

The best advice for managers is not to discuss career potential or remuneration with subordinates at company social events, as words of encouragement and good intentions can end up being misinterpreted.

Social media

The rise of sites such as Facebook and Twitter makes it very tempting to post unflattering photos of your boss or work colleagues taken during the Christmas party. Employees may also feel emboldened by alcohol, to post derogatory comments about their colleagues during or after the party. This can lead to disciplinary action on a variety of grounds for example bringing the company into disrepute and cyber-bullying. It is good advice to remind employees about your social media policy and the sanctions that could be imposed should it be breached.

Post-party absenteeism

Employers should be clear about their expectations regarding absence the next day; for example, are employees permitted to come in late and have they been allowed to do so in the past ? If you suspect that an employee is “pulling a sickie”, you will have to be sure this is the case before pursuing disciplinary action otherwise, any subsequent sanction, could be considered unfair. (Facebook postings may assist an employer evidencing this sort of mis-behaviour). Additionally, consider how absences in previous years have been dealt with; a past history of tolerance could again result in some sanctions being deemed unfair.

Summary

No one wants to be a kill-joy at Christmas. However, it is prudent to follow the above pointers in order to keep the employment law ramifications to a minimum. Overall a Christmas party should be full of fun and festive cheer!

For more employment advise contact angela.brumpton@hilldickinson.com

This was posted in Bdaily's Members' News section by Hill Dickinson .