Staff Christmas Parties - Don't let your business suffer a New Year hangover with an ET claim

We all love Christmas, the opportunity to let our hair down and have a few days off to spend with friends and family. However, the staff Christmas party can often lead to issues arising between members of staff that need to be either nipped in the bud or prevented from happening in the first place. Many people know an employee who has experienced issues at such parties.

There are a number of things that any employer needs to be aware of when contemplating arranging such a party. Staff also need clear directions on what is expected of them or, more importantly, what is not expected of them.

Invitation to attend
Clearly all staff need to be invited to attend. Some staff may not celebrate Christmas and may not wish to attend. If this is the case then they should be given the opportunity of taking time off rather than attending. The same may also apply to other staff who may just choose not to attend. Staff cannot be forced to attend and enjoy themselves. We have all worked with 'the office misery' from time to time!

Location
It is important that all staff understand that the location of the office party is unimportant. It is still a 'works event' and will be viewed as an extension of the workplace. This was confirmed in the case of Stubbs, which involved off duty police officers at a works social event. Behaviour should therefore be similar to that expected in the workplace. This clearly means no inappropriate behaviour etc which may upset other members of staff, especially those of the opposite sex.

Guidelines
Let staff know if there is a dress code and that their behaviour needs to reflect the fact that this is an official works event. Further, any issues of unacceptable behaviour will be dealt with under the company disciplinary and grievance procedures. Ensure these procedures are up to date as many employers are still relying upon out of date procedures.

Alcohol
If staff are drinking alcohol then the employer needs to ensure that staff are not driving either on the day of the event or indeed the following day.  It may be sensible to have the event on a day when people are not getting up to travel to work early on the following day. The employer may wish to provide transport for staff so as to ensure that all arrive home safely. Finally, it is important to remember that not all staff drink alcohol so plenty of soft drink alternatives should be available. The same will apply to food and ensuring that people's individual dietary requirements are catered for.

Poor behaviour
If there is a problem with behaviour then it is best to get the person or persons to leave. Any disciplinary issues can be dealt with after the holidays. If any grievances are raised about behaviour it is important that these are not dismissed out of hand and that they are dealt with properly and in accordance with company procedures. Poor behaviour can involve office gossip some weeks later. In the case of Nixon, an employee of a solicitors firm was held to have been constructively dismissed and indeed discriminated against as a result of such gossip.

Summary

• Enjoy Christmas and any office party but be sensible and ensure your staff know what is expected.
• If you are seen to be reasonable and plan matters hopefully your staff will act in a similar fashion.
• If there are problems don't say something stupid whilst under the influence of alcohol. Send the people in question home and give yourself time to form a view on how to deal with the matter when you have a clear head.

This blog represents the views of the author and is not intended as specific legal advice on any particular issue and should not be treated as such. If in doubt always seek legal advice. 

Please leave your comments or questions as we welcome feedback. 

If you wish to discuss any employment law issue then please get in touch with us at info@chilternsolicitors.co.uk or call us anytime on 01582 439795. We have a specialist HR package for SME's which is designed to safeguard your business against any potential staffing issues.

We need to discipline a member of staff but have no idea where to start

Not knowing how to discipline staff can be a real issue for both smaller and larger employers. Even employers with dedicated HR staff often make very basic mistakes which can prove costly. So where do you need to start.

Disciplinary and grievance procedures
The first thing that any employer needs to be aware of is the need to have a procedure written down for dealing with such matters. It is also important to keep this up to date. We have seen many documents in recent years that have not been updated and do not comply with the latest ACAS codes.

Agree who will deal with matters
Ideally, the process can involve up to three people.The first person will carry out the investigation and establish so far as possible what has occurred. They will see the member of staff in question and will speak to other members of staff and other witnesses. This person will then decide how the matter will proceed.

Write to the person inviting them to a meeting
This does not have to be done but is good practice and will impress a tribunal if matters ever go that far. The letter should point out that if the person does not attend then the investigation may proceed without them.

Hold a meeting
There is no right to be accompanied at this first meeting. This is a fact finding exercise. However, notes should be taken and agreed if possible.

Decide what actions is necessary
The investigation decides if the matter proceeds any further and if so, on what basis. For example, if the company has a history of giving a final written warning for people who use their mobile phones whilst driving on company business they cannot suddenly dismiss a member of staff without good reason as he will be able to argue that the decision is unfair as others have been treated differently in very similar circumstances.

Write a 'step one' letter
The step one letter tells a person why they are being subjected to disciplinary proceedings. Do not be at all vague in this letter. It is important that an employee knows what the issue is and what evidence this is based upon so that they can prepare properly for the meeting. They are entitled to be accompanied by a work colleague or approved trade union official. Make sure that the letter gives sufficient notice. We would suggest no less than two working days. The letter should make it clear whether or not dismissal is an option.

Hold the disciplinary meeting
Ideally, the investigator will present the case for the employer and will produce minutes of the meeting and all of the witness statements. Witnesses can give evidence for both sides. The employee should be allowed to ask questions and sum up his or her case. Do not rush into any decision. If more information is required then obtain it and reconvene at a later date. Take minutes and get these agreed.

Give reasons for any decision in writing and outline what findings were made
The person making the decision should be prepared to make findings as to fact. For example if the misconduct is fighting in the workplace and the employee argues that he acted in self-defence, the person conducting the decision should be prepared to make a decision upon whether this explanation was accepted or not as the case may be. The findings will not usually be questioned by a tribunal so long as they are seen as reasonable and that the matter was given due consideration.

Be prepared to have an appeal
Any employer who is dismissed will normally appeal against the decision. After all, they have little to lose in doing so. The appeal should be heard by a more senior member of staff with authority to overturn the decision. We have been involved in a case whereby a junior manager was allowed to conduct the appeal and admitted in evidence that he knew he could not overturn his boss's decision to dismiss. Needless to say our client won his claim for unfair dismissal. The same guidance applies as to being accompanied and taking minutes.

What if you don't have three staff who can deal with such matters
Any employment tribunal will always consider the size and resources available to any employer when dealing with such matters. This means that, technically, if there is the business owner and a small number of employees then the owner may carry out the investigation, disciplinary hearing and appeal. However, they would be better advised to involve at least one other person in the process such as the company solicitor, accountant or another business owner.

Summary
Preparation and good procedures in place are key. If you fail to plan then you are planning to fail has never been truer than in disciplinary issues.

The above comments are the thoughts of the author and are not to be taken as being legal advice on any particular issue. if in doubt always seek legal advice.

At Chiltern Solicitors, we are happy to speak to you at any time on employment and staffing issues. Call us on 01582 439795 or email info@chilternsolicitors.co.uk. We have a regular HR and employment bulletin providing regular and helpful employment advice to all businesses. Drop us a line to subscribe to future issues.