Sara Marshall.
The festive season is almost upon us... Sara Marshall, of Franklins Solicitors, advises employers that it is important to strike the balance between having fun and maintaining standards of behaviour at the company Christmas party.
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Published in association with
CHRISTMAS is a magical and happy time of the year for many and a work Christmas party is an opportunity to spend time with work colleagues and celebrate in a more relaxed setting.
However, all too often the combination of a relaxed atmosphere and too much alcohol brings out the worst in employees, leading to a negative impact on its workers or the company reputation.
Attending an alcohol-fuelled party can be a source of anxiety for many people and can have an impact on their mental health. An employee may not want to attend a Christmas party and they should not feel pressurised to do so.
Also, Christmas is a Christian holiday and staff should not be pressured to attend if they do not want to on the grounds of religion.
Conversations with managers about performance, salary and benefits should not be discussed at a Christmas party and senior managers should be reminded that their behaviour should lead by example.
Parties may lead to inevitable workplace gossip and care must be exercised to avoid this opportunity.
It is important to remember that any work party or gathering can be argued to have effectively taken place at work. An employer may be vicariously liable for wrongdoing by an employee if that wrongdoing is “closely connected” with the employment.
Employees can therefore argue that any unfair treatment that they have received at a Christmas party took place within the workplace, opening employers up to liability and subjecting employees to disciplinary action for the same reasons.
It is therefore important for employers to prepare for the worst, hopefully in order to avoid issues arising.
Offending employees at the Christmas party should be asked to leave and a meeting arranged for the next working day to discuss their conduct.
Employers should have policies in place that specifically deal with potential problem areas. The standard of behaviour should be clearly outlined within the policy together with the potential consequences of infringing these expectations.
Reminding employees of these policies in advance of the staff party may prevent infringing behaviour from occurring in the first instance and will assist the employer in disciplining fairly. The standard of behaviour expected should be communicated to employees and any breaches should be actioned reasonably.
Employees may be investigated and face disciplinary action if their employer suspects that they are under the influence of alcohol and drugs or for incidents of bad behaviour at the party.
Employers should be wary of the risks of harassment, misconduct, absenteeism, religious discrimination and unfair dismissal inherent during the Christmas party.
Drink driving after the office party
Other than giving the incredibly simple advice of ‘Don’t do it’, a company may want to think about organising transport to ensure everyone’s safety when leaving or offer accommodation close to the venue. Employees should be reminded that they must arrange alternative transportation home if they are intending on drinking.
Absenteeism
If the work party is to take place in the middle of the week, there will be a risk that employees will be absent the following day. A company may want to remind staff that they should arrive for work on time and in a fit state to perform their work.
If they are driving for their work, they should not be drinking alcohol the night before.
An employer can make deductions from employees’ pay if they turn up for work late the morning after the company Christmas party, provided that the right to make deductions from wages for unauthorised absence is reserved in the employment contract.
These are just a few examples of the things that can go wrong. It is important to strike the correct balance between ensuring that employees can enjoy themselves at the party but also comply with their employer’s expected standards of behaviour.
Advising employees of clear and consistent policies should avoid a number of issues from arising in the first place.
- Sara Marshall is an Associate Partner and Head of Employment Law at Franklins Solicitors. For any legal matters relating to employment, contact sara.marshall@franklins-sols.co.uk or call 01908 660966.
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