Tis the season to get sacked
Here at Askews Legal LLP we are your local Solicitors in Coventry. Today we are reviewing Employment law and in particular the pitfalls of the Christmas Party.
A recent case has highlighted the pitfalls of work-arranged parties/events where things do not go as planned. Northampton Recruitment Ltd was held vicariously liable for the actions of its Managing Director at a party in a hotel following on from the main Christmas party. The Managing Director punched an employee when an argument broke out regarding the employee’s placement and terms and conditions of employment. The employee suffered significant brain damage. It was held that by the employer paying for taxis back to the hotel and the drinks thereafter, it was not purely a ‘social event’ between colleagues but was an extension of the main Christmas party. As such, the assault was treated as though it took place ‘on work time’.
With Christmas around the corner, many employers will be frantically organising the office Secret Santa and making final arrangements for the work Christmas party. Unfortunately Christmas parties and traditions raise a number of potential issues which require advance consideration, including underage drinking, excessive drinking, bad language, inappropriate behaviour and comments and how all of the aforementioned should be dealt with.
At the risk of sounding like a ‘party pooper’, employers should be aware:
- It’s long been established that work-arranged parties, events etc are an extension of the workplace even though they may occur outside business hours.
- Employers can be vicariously liable for the actions of their employees (even its senior management) at such work-arranged events.
- Employees may be held liable for their actions towards their fellow colleagues.
- With harassment it is how conduct/behaviour is perceived by the recipient, not what the perpetrator intends. So, it is irrelevant that the perpetrator intended it to be a joke or ‘banter’ if the recipient perceives the behaviour to be harassing.
THINK – Would I behave in this manner within the workplace? If the answer is NO, then clearly think twice as the behaviour is likely to be unacceptable!
What should you do as a reasonable employer?
It is important to take steps to ensure your employees are safeguarded and your business is not potentially exposed through the shortcomings of your employees. You can do this by ensuring:
- Your disciplinary policy covers situations where employees may act in a harassing, discriminatory or violent manner towards other employees.
- You set ground rules on what gifts can be bought for Secret Santa and forewarn that inappropriate gifts to colleagues will not be tolerated.
- You forewarn employees that the Christmas party (and any continuation of that) is an extension of the workplace and any unacceptable and inappropriate behaviours will be dealt with in accordance with your disciplinary policy.
- You inform any junior staff under the age of 18 that they are not permitted to drink alcohol and do not purchase alcohol for any under-age staff.
- All employees have in place appropriate transport arrangements and are reminded they should not drive under the influence of alcohol.
- You take appropriate prompt action in the event you witness or become aware of unacceptable behaviour of an employee at the Christmas party.
- You seek prompt advice from a specialist employment law solicitor where necessary.
Should you require a review of your disciplinary policy or any specific advice in respect of an employee’s conduct, please contact one of our employment Solicitors in Coventry Lianne Payne, Head of Employment:
