Christmas Parties: Cheered or Feared?
As we embark on the festive season everyone has a spring in their step, particularly when it comes to the Christmas party. As employment lawyers, we see it as our duty to act as guardian angel for employers this Christmas and give a few helpful tips to ensure that they don’t end up with more than a hangover after the office party.
1. Christmas parties are not compulsory.
Of course we all like to let our hair down but it is important to remember that not everybody celebrates Christmas and in organising social events/Christmas parties employers must not discriminate against other employees of different religions/beliefs. Likewise there may be childcare issues that prevent some employees from attending social events therefore employers should act sensitively and take care that employees do not feel excluded or uncomfortable by being obliged to attend.
2. Decorations
Although it is fun to decorate the office and spread some festive cheer, it is important to remember health and safety. Ideally risk assessments should be undertaken prior to putting up the decorations, sparkly lights and decorations should be switched off at the end of the day and walkways and work stations should be kept clear of potential hazards. So keep those Santa’s sleighs and Christmas trees to a minimum and remember you don’t want your office to be mistaken for Santa’s grotto as this could detract from your professional image.
3.Conduct and behaviour
Employers are potentially vicariously liable for the discriminatory acts/comments of their employees, even when at social events. Employers should remind everyone of the need for acceptable behaviour and keep a check that this is being adhered to. We don’t expect employers to monitor the office party like prison guards but we recommend that drinking and chit chat is kept within moderate means as rather than just being left red faced after a drunken jibe, employers could face a multitude of Tribunal claims.
We recognise that after a few sociable drinks things can get heated and what would be seen as a flippant remark can be taken out of proportion. Should any trouble ensue it is best to act calmly, send employees home and deal with things when the beer goggles are off. It might even be advisable to designate a manager who will not be drinking to deal with any unexpected displays of Christmas spirit.
4. Watch your tongue
After one too many there is temptation to get carried away and promise employees pay rises and/or promotion. While this may seem like a good idea at the time, in the cold light of day should this promise not be complied with employees could present breach of contract claims.
5. The morning after the night before
If the office party is on a work night it is advisable to issue a warning to staff in advance that unauthorised absence will be dealt with in accordance with the company’s disciplinary procedure. Although everybody should let their hair down and have a good time, hangovers can be a headache for employers as clients will not be too festive if their work is not completed on time!
We don’t wish to sound like bah humbug but we recommend that if you follow these tips this year’s Christmas party will be one to remember for all the right reasons!
Happy Christmas.
The Employment Team at Stones Solicitors LLP can be contacted on 01392 666777. More information is available by logging on at www.stones-solicitors.co.uk.
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