The perils of the office party can extend to more than intoxicated employees telling the boss what they really think and illicit romances in the stationery cupboard.
Despite the economic climate and the fact that many employers may be cutting back this season, it is still the season to be jolly. However, employees who go overboard with festive cheer at the Christmas party can land their employers in the soup!
Genuine issues can arise at these events, when people let their guards down as well as their hair.
Ben Doherty, Head of our Employment law team has suggested a few precautionary steps that employers can take to ensure the office Christmas party doesn't lead to an unhappy New Year.
Ben advises: “We don't want to prevent anyone enjoying their Christmas party but following a few tips should help employers to avoid problems. Hardworking employers and employees deserve a little fun and with a bit of forward-planning the risk of starting the New Year facing Tribunal claims can be significantly minimised.”
Top Tips:
Alcohol
Beware the demon drink! Before employees indulge in too much Christmas cheer, employers could remind them that:
- a hangover is not a valid reason for being absent from work
- disciplinary action will be considered for employees who take the day off to recover without prior permission.
Employers can also take preventative measures by providing soft drinks and food at the do to minimise the effects of the alcohol.
On the other hand if an employee comes in to work and is still under the influence of alcohol, you may wish to consider sending the employee home on sickness absence until they are able to work, or suggest that they take a day’s holiday.
Discrimination
The Christmas party is likely to be found by a Tribunal to be an extension of the work place. This means that the blame for any discriminatory act which takes place at the party may be laid at the door of the employer. For example, if an employee makes abusive remarks about a fellow employee being gay, the upset employee could sue his employer. Similarly, if the office Casanova gets carried away at the party and steps over the line with another member of staff, the employer could face a claim of sexual discrimination or harassment. The best way to avoid these types of problems is to have comprehensive policies already in place. Anti-discrimination policies and disciplinary procedures should be re-iterated before the Christmas do.
Employers should also consider whether they are alienating employees from the festive celebrations. Employees may not drink alcohol for religious or other reasons and consideration should be given to their beliefs and needs. In the same way, employers should make arrangements to make sure that disabled employees can get to and enjoy the party by making reasonable adjustments.
Promises and Bonuses
Some employers think that just because there is nothing in their employer’s contracts of employment to entitle them to a Christmas bonus, then it’s entirely discretionary. This is wrong. If an employee can show that an expectation has been built up because the employer has paid a Christmas bonus in previous years, the employee may be entitled to such a bonus on the basis of custom and practice. If an employer can’t afford to pay a bonus in a particular year, he should warn employees in advance, give them reasons for the non-payment and consider paying a portion of the bonus or rewarding staff in some other way.
Promises made at Christmas parties are another bone of contention. Employers can take a degree of comfort from a case which held that an employer who promised an employee a considerable pay rise at a “sociable and convivial office event” was not liable to honour the promise because the words of “comfort and assurance” were too vague. However, every case is taken on its merits – employers should certainly take care when comforting and assuring staff at the Christmas party!
