Tis the season to dust off the tinsel and tiaras, buff the shoes and gloss the nails – yes, the highly anticipated annual office Christmas party season is upon us once again.
While most parties will be an occasion for employers and employees to celebrate the passing of the year in a spirit of good cheer and celebration, it’s hardly a surprise that, given the festive mood, the availability of alcohol and the risk of over-indulgence, it can also give rise to incidents which have HR and employment law ramifications.
Both employers and employees should be aware of these risks. While the Christmas party rarely takes place in the workplace, it is a work event. The ‘official’ Christmas party, paid for by the employer, is usually regarded for legal purposes as an extension of the workplace. Unacceptable behaviour by employees can lead to grievances, allegations of harassment, disciplinary proceedings and dismissals, and employers can potentially be found vicariously liable for poor behaviour by employees.
How should employers deal with incidents that may occur? Work related misconduct by employees is typically dealt with by way of disciplinary proceedings which should be consistent with the Acas Code relevant to disciplinary matters and the employer’s own procedures. In particular, employers should ensure that any disciplinary issues are handled fairly and that a fair disciplinary procedure is followed. Overreactions and heat of the moment decisions should be avoided.
Employers must also act consistently. In the case of Westlake v ZSL London Zoo two zookeepers who were the current and former romantic partners of another keeper brawled at the Christmas party. Ms Westlake allegedly attacked her colleague with a wine glass, and her colleague, who declined to turn the other cheek, fought back, injuring Ms Westlake. ZSL subsequently took disciplinary proceedings against both. It dismissed Ms Westlake and issued a final written warning to her colleague. Ms Westlake brought a Tribunal claim for unfair dismissal on the grounds that her treatment was inconsistent with that of her colleague.
She succeeded because the Tribunal found that there was insufficient evidence about who initiated the fisticuffs for ZSL to treat Ms Westlake more severely than her colleague and that her dismissal was therefore unfair. However, it was a hollow victory for Ms Westlake as the Tribunal also found that had the employer treated both employees consistently it could have dismissed both and it therefore declined to award any compensation.
Employers should also be aware of some changes to employment law on sexual harassment. From 26th October 2024, employers have a new duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take reasonable steps to prevent sexual harassment in the workplace. While this new requirement doesn’t create a stand-alone legal claim, it does carry consequences. If an employer breaches this duty an Employment Tribunal can increase compensation awards by up to 25% if an employee brings a successful sexual harassment claim.
Read the September 2024 Employment Law Update
Employers should, therefore, take the opportunity to review their policies, provide effective training, and foster a workplace culture that actively seeks to prevent sexual harassment occurring. Considerations may extend to whether a free bar at a Christmas party is a good idea. There is a growing trend to limit free drinks at a Christmas party, for example, to avoid allegations that the employer is partly responsible for any drunken behaviour.
No employer wishes to play Scrooge or wag the finger or seek to dampen the spirits of employees looking forward to a festive party. However, a common-sense reminder to employees of regarding expectations of behaviour ahead of an event is a prudent step for employers to ensure that things go with a swing, rather than a thump.
For legal advice on this and other Employment Law issues, please contact a member of the Employment Law team for Businesses or Individuals.