Bah-Humbug!!

Not wishing to pour cold water on Christmas, (employment law tends to pour cold water on most things throughout the year), but... As an employer, you might still be of the unfounded belief that the Christmas party is a time when you can sit back, relax and get merry and disregard the Regulations that stifle you throughout the rest of the year. I bet you know what’s coming next…. Christmas parties are a breeding ground for employment law issues. So before ordering the vol-au-vents, ensure that you adhere to these simple guidelines and you may avoid the most common problems. The once-carefree party will become an event so void of life, the whole office will wish no-one had bothered; but at least there will be no claims!!

 

The choice of venue may seem like an innocuous decision but with disability discrimination, and now, age discrimination, it is important not to isolate a particular group of people with this decision. Younger employees are as entitled to bring a claim as any other age group and therefore, choosing the local crown green bowls club could be as likely to result in a discrimination claim, as holding it in the trendiest, loudest nightclub. 

 

Free Bar? Think again – Employers may be held responsible for incidents during the party even if it is out of office hours or away from the normal place of work. In certain circumstances, providing a free bar maybe interpreted as condoning inappropriate behaviour. So keep an eye on who is propping up the bar and when they have had enough.

 

Employers have a duty of care to ensure that employees return home safely; therefore, appropriate travel arrangements is part of your obligation. Ordering a coach or a minibus is advisable, as is ending the evening before public transport closes. 

 

Do not forget that the normal ‘acceptable’ standard of behaviour still applies during the Christmas party.  The newfound confidence of some, which often accompanies the party atmosphere (and several glasses!!), should be monitored closely.   Inappropriate touching of other staff is most definitely off the Christmas list no matter what ‘signs’ are interpreted through the festive beer-goggles

 

Discriminatory jokes are unacceptable and could lead to employees bringing claims if such remarks are made. It is not all doom and gloom however, as anti-solicitor jokes are still fair game!

 

If the party is to be held during the week, remember to turn up to work the next day. Possible disciplinary procedures could follow for those who do not arrive bright eyed and bushy tailed in the morning!! 

 

Merry Christmas!

 

James Tatro is a trainee solicitor with Raworths Employment Unit. To contact Raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF. Or visit our website on www.raworths.co.uk or email james.tatro@raworths.co.uk