'Tis the Season to be Jolly'

It is that time of year again. The DJ is booked, the vol-au-vents are ordered and the tinsel is hanging on the computer screens…….yes, it’s time for the office party!! For employers this can be a worry as many of you believe the office party is a recipe for potential employment claims. So to put your mind at rest (that 2008 will not be spent in an Employment Tribunal) I have provided 12 festive (well, more legal than festive!) tips for planning your office party and avoiding claims. 

    1. Invite everyone - include those on maternity leave or long term sick leave, to avoid accusations of discrimination.


    2. If inviting employees’ partners, again, remember to invite all partners! Don’t state ‘husbands and wives’ are invited as this may lead to accusations of discrimination for those with same sex civil partners or long term partners. 


    3. If decorating the office, remember Health & Safety. Use a stepladder to put up decorations, don’t let staff re-create circus acts by balancing on a box, or a chair on two legs on a desk, don’t let staff obscure emergency exit signs or no smoking signs, and remember to switch off those tree lights before going home!


    4. Consider the menu. Remember to provide soft drinks for teetotallers or those whose religion forbids alcohol


    5. Under age drinking?! Be careful of junior employees drinking alcohol or you could be held responsible. 


    6. Make sure promises for pay rises are not made at the office party. In one case, an employee claimed his boss had promised him a higher salary “in due course” at the Christmas party. His pay remained static, so he resigned and claimed constructive dismissal. The employer only won the case because the nature of the promise was vague. Remember a promise made at a Christmas party is still a promise even after 17 Martinis and a mince pie!!


    7. Senior members of staff - do not give performance reviews (of any kind) at the office party. For the same reasons! 


    8. Think carefully before providing a free bar. Employers can be held responsible for some incidents; in an extreme example, an employer was held responsible for the death of a girl at the office party due to alcohol poisoning.


    9. Make sure staff know of your equal opportunities policy and what behaviour will not be tolerated. After a few glasses of sherry, some may decide this is the perfect time to make inappropriate advances or comments about their colleagues. Employers can end up paying for this if the Tribunal characterises this as evidence of victimisation or harassment. 


    10. Do not allow your employees to drive home after drinking alcohol. Employers have a duty of care to their employees. As it is a company party you should consider travel arrangements.


    11. If you expect your employees to come into work the next day – make it clear. 


    12. Make sure you and your employees enjoy the party! Remember a happy workforce means a productive one (that was the festive tip!)
For further information contact Ruth Williams by telephone on 01423 566666 or by email ruth.williams@raworths.co.uk.