Christmas is a magical and happy time of the year for many and a work Christmas party is an opportunity to spend time with work colleagues and celebrate in a more relaxed setting. However all too often, the combination of a relaxed atmosphere and too much alcohol brings out the worst in employees, leading to a negative impact on its workers or the company reputation.

Attending an alcohol fuelled party can be a source of anxiety for many people and can have an impact on their mental health. An employee may not want to attend a Christmas party, and they should not feel pressurised to do so. Christmas is a Christian holiday, and staff should not be pressured to attend if they do not want to on the grounds of religion.

Conversations with managers about performance, salary and benefits should not be discussed at a Christmas party and senior managers should be reminded that their behaviour should lead by example.

Parties may lead to inevitable workplace gossip and care must be exercised to avoid this opportunity.

It is important to remember that any work party or gathering can be argued to have effectively taken place at work. An employer may be vicariously liable for wrongdoing by an employee if that wrongdoing is “closely connected” with the employment. Employees can therefore argue that any unfair treatment that they have received at a Christmas party took place within the workplace, opening employers up to liability and subjecting employees to disciplinary action for the same reasons. It is therefore important for employers to prepare for the worst, to hopefully avoid issues arising.

Offending employees at the Christmas party should be asked to leave and a meeting arranged for the next working day to discuss their conduct.

Employers should have policies in place that specifically deal with potential problem areas. The standard of behaviour should be clearly outlined within the policy together with the potential consequences of infringing these expectations. Reminding employees of these policies in advance of the staff party may prevent infringing behaviour from occurring in the first instance and will assist the employer in disciplining fairly. The standard of behaviour expected should be communicated to employees and any breaches should be actioned reasonably.

Employees may be investigated and face disciplinary action if their employer suspects that they are under the influence of alcohol and drugs, or for incidents of bad behaviour at the party.

Employers should be wary of the risks of harassment, misconduct, absenteeism, religious discrimination and unfair dismissal inherent during the Christmas party.

Drink driving after the office party: Other than giving the incredibly simple advice of ‘don’t do it’, a company may want to think about organising transport to ensure everyone’s safety when leaving or offer accommodation close to the venue. Employees should be reminded that they must arrange alternative transportation home if they are intending on drinking.

Absenteeism: If you are having the work party in the middle of the week, there will be a risk that employees will be absent the following day. A company may want to remind staff that they should arrive for work on time and in a fit state to perform their work. If they are driving for their work, they should not be drinking alcohol the night before. An employer can make deductions from employees’ pay if they turn up for work late the morning after the company Christmas party, provided that the right to make deductions from wages for unauthorised absence is reserved in the employment contract.

These are just a few examples of the things that can go wrong. It is important to strike the correct balance between ensuring that employees can enjoy themselves at the party but also comply with their employer’s expected standards of behaviour. Advising employees of clear and consistent policies should avoid a number of issues from arising in the first place.

If you require any advice on your employment matters, please contact our Employment Law team on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

Office Christmas parties are a festive and eagerly-awaited event for many employees. However, it’s important to remember that employment laws still apply during these celebrations. Employers and employees should be aware of their rights, responsibilities, and potential legal issues that may arise.

In this article, we’ll explore some key considerations regarding employment laws and office Christmas parties.

Office Christmas parties can be enjoyable and boost employee morale, but it’s essential to ensure they comply with employment law regulations in the UK. By considering aspects such as equal opportunities, alcohol consumption, social media usage, discipline, and attendance policies, employers can create a festive atmosphere while mitigating potential legal risks.

While the below mentioned cases may seem like extreme examples of a work event gone wrong, this serves as a reminder for employers ahead of the Christmas party season of the dangers of employees behaviour and alcohol consumption.

1. Equality and Discrimination:

Employers need to ensure that Christmas parties are inclusive and do not discriminate against any individual or group. This includes considerations related to gender, race, religion, disability, and sexual orientation. Any discriminatory behaviour or harassment can result in legal consequences for the company.

• Mrs C Palladino v Reed in Partnership Ltd: A middle aged HR worker sued her employer for age discrimination because her younger colleagues wanted to go ‘clubbing’ for their company Christmas party has lost her tribunal claim. Claudia Morel-Zifonte Palladino brought legal action against Reed In Partnership after her suggestion of a family-friendly venue for the work Christmas party was dismissed in favour of a more ‘entertaining’ option. Palladino, 45, claimed her younger colleagues were ‘negative to derisive’ in response to her recommendation, and thus she was treated unfavourably. Employment Judge R Lewis rejected her claims, ruling that she did not suffer a ‘detriment’ simply because co-workers disagreed with her suggestions. This case illustrates the importance of establishing a genuine detriment as the result of a protected characteristic.

2. Alcohol Consumption:

Alcohol is often a central part of Christmas parties, but employers have a responsibility to ensure a safe and controlled environment. Implementing a clear alcohol policy is advisable to prevent excessive drinking and related issues. It is also crucial to provide alternative non-alcoholic options and arrange transportation for employees to ensure their safety.

• Drink driving after the office party: Other than giving the incredibly simple advice of ‘don’t do it’, ensure that employees are advised that:-
  • they must arrange alternative transportation home if they are intending on drinking, and
  • if anyone drives home after they are reasonably believed to be in no fit state to do so, that they will be subjected to disciplinary action which could result in their dismissal.

3. Social Media Policies:

With the popularity of social media, employees may be tempted to share pictures or videos from the office Christmas party. Employers should have clear guidelines regarding the use of social media during company events. It is therefore important to remind employees about the importance of maintaining professionalism and respecting colleagues’ privacy.

4. Misconduct and Disciplinary Procedures:

If an employee misconducts themselves at the Christmas party, it is essential to follow the usual disciplinary procedures outlined in the company’s employment policies. In serious cases, disciplinary action, including termination, may be appropriate. Consistency in addressing misconduct is crucial to avoid claims of unfair treatment. Caselaw illustrates how an employee who was sexually harassed at a work Christmas party has been awarded £18,857 after claims of sexual harassment, victimisation and unfair dismissal.

• Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: At a Christmas party, the managing director of the Respondent company physically attacked one of his employees leaving him severely disabled. The issue here was whether the company was vicariously liable for the actions of the Managing Director. The court in 2016 said that it was not, however the Court of Appeal allowed the claimant’s appeal and held the defendant was vicariously liable for damages due to the sufficient connection between the employee’s field of activities and the physical assault. The Court held that there was sufficient connection between the Manging Director’s field of activities and the assault to render it just that the Respondent company should be vicariously liable for his actions. Employers are reminded of the dangers of inappropriate conduct taking place inside and outside of the workplace. A defence to vicarious liability can be argued where the employer can show all reasonable steps were taken to prevent the unlawful act occurring.

5. Christmas Party Attendance:

While Christmas parties are seen as a company-sponsored event, attendance is usually voluntary. Employers should clarify whether attendance is mandatory or optional. This can help avoid any legal disputes related to work hours or payment for attendance.

This article is for informational purposes only and should not be considered legal advice. Employers and employees are encouraged to seek professional guidance specific to their circumstances.

If you require any specific employment advice, please contact our Employment Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk to consult with an employment lawyer for any legal concerns related to office Christmas parties and employment law. 

If you act like a Turkey at the Christmas Party, you could get stuffed!

The work Christmas party is often eagerly anticipated and a chance for employees to let their hair down. However all too often, the combination of a relaxed atmosphere and too much alcohol brings out the worst in employees, leading to problems within the workplace.

It is important to remember that any work party or gathering can be argued to have effectively taken place at work. An employer may be vicariously liable for wrongdoing by an employee if that wrongdoing is “closely connected” with the employment. Employees can therefore argue that any unfair treatment that they have received at a Christmas party took place  within the workplace, opening employers up to liability and subjecting employees to disciplinary action for the same reasons. It is therefore important for employers to prepare for the worst, to hopefully avoid issues arising.

In a case heard in October 2018, by the Court of Appeal reiterated this view, in deciding that a drunken attack by the managing director of a small business on an employee was “in the course of employment”. In the case of Bellman v Northampton Recruitment Limited, following a heated discussion about work-related issues, Mr Bellman was punched twice by the Company’s owner and Managing Director, fracturing his skull and suffering severe brain damage as a result. The key to this case was the misuse of the MD’s authority and position; the Court made clear that this case does not mean that employers become insurers for violent or other acts by their employees at the Christmas Party, but that they may do for the acts of the most senior of employees.

Employers should have policies in place that specifically deal with potential problem areas. The standard of behaviour should be clearly outlined within the policy together with the potential consequences of infringing these expectations. Reminding employees of these policies in advance of the staff party may prevent infringing behaviour from occurring in the first instance, and will assist the employer in disciplining fairly. The standard of behaviour expected should be communicated to employees and any breaches should be actioned reasonably, to avoid the following issues:

• Fighting:  In Gimson v Display By Design Ltd, the employer was found to have fairly dismissed an employee for a brawl after the end of a Christmas party.

• Drink driving after the office party: Other than giving the incredibly simple advice of ‘don’t do it’, ensure that employees are advised that; 1) they must arrange alternative transportation home if they are intending on drinking, and 2) if anyone drives home after they are reasonably believed to be in no fit state to do so, that they will be subjected to disciplinary action which could result in their dismissal.

• Absenteeism:  If you are having the work party in the middle of the week, there will be a risk that employees will be absent the following day. Prior to the party, employers should make it clear whether an employee’s absence the next day will be treated as a disciplinary issue. An employer can make deductions from employees’ pay if they turn up for work late the morning after the company Christmas party, as long as the right to make deductions from wages for unauthorised absence is reserved in the employment contract.

Clearly, the above is only a short list of the things that can go wrong. It is important to strike the correct balance between ensuring that employees can let their hair down but also comply with their employer’s expected standards of behaviour. Advising employees of clear and consistent policies should avoid a number of issues from arising in the first place.

If you are an employer or employee seeking advice on any matter relating to employment law,  please contact Ben Stanton on 01908 660966 / 01604 828282 or by emailing ben.stanton@franklins-sols.co.uk.