Christmas is usually the time of year where employees feel that
they can let their hair down and enjoy themselves. However, the
festive period can raise a number of issues for employers.
Rena Magdani, employment law partner at leading law firm Freeth
Cartwright points out some of the issues that employers need to
consider:
"Even if the Christmas party is outside normal working time,
employers need to remember that it is likely that an employee's
behaviour at such a party would be considered to be 'in the course
of their employment'. Employers will therefore be liable for the
acts of their employees, unless they can demonstrate that they took
such steps as were reasonably practicable to prevent such conduct
from taking place. The most common problems at events like the
Christmas party involve allegations of harassment and other forms
of misconduct. Harassment is behaviour which is 'unwanted' or
'offensive' to the recipient. Typical examples include lewd
remarks, inappropriate touching and offensive jokes.
"Also, with the introduction of the Bribery Act 2010, employees
need know the parameters of what they can accept as a gift from a
third party and what they can give to clients/customers in the name
of your company."
So what can employers do?
• Employees should be reminded of what behaviour is
expected of them before the Christmas party and of the consequences
for any breaches in their obligations.
• Ensure that any complaints/grievances raised following
the Christmas party are dealt with fairly and appropriately and
consistent with any internal policies. Statements should be taken
from relevant witnesses as soon as possible to prevent memories
from fading over the Christmas break.
• Consider limiting the amount of free alcohol that is put
on and laying on some food to attempt to counteract the effects of
the alcohol.
• Ensure there is non-alcoholic refreshments provided so
that those not drinking, whether it is for religious reasons or
otherwise, are catered for.
• If entertainment is laid on, ensure that there is not
going to be any discriminatory/offensive content as employers can
be liable for the acts of third parties.
• If a Christmas party is taking place outside the
workplace, ensure that the location caters for any employees with
disabilities.
• Ensure that employees are fully aware of your
Anti-Bribery/Anti-Corruption policies.
• If some employees are needed over Christmas ensure that
there is a fair way of allocating holiday - for example, those who
work this year, will get first choice next year etc. Do not
assume that non-Christian employees will be happy to work over the
Christmas period or that they will not want to participate in the
festivities.
Rena adds: "With careful forward planning and by addressing
potential issues at an early stage, employers can make the
festive period a time to remember, rather than one to forget!"