Tuesday 18 November 2014

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 Ensure these procedures are up to date as many employers are still relying upon out of date procedures.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.

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