Christmas Party Frolics

It is that time of year again when we are asked so many questions about the infamous Christmas party.  We have had questions this year about employees fighting, an employee who has committed an act of sexual harassment towards another and one party where two colleagues were found having sex during the party!  I don’t have space to answer each one individually but I can cover this topic generally.

After twelve months of working incredibly hard the Christmas party is often an occasion for employees and employers to let their hair down.  Whilst they are an important part of the year and should be fun, both employers and employees must remember that a Christmas party is essentially a work place activity.  I am certainly not suggesting that the Christmas party should be stopped, but let me give a little bit of advice as to how to manage these events so that the next day at work is not a humiliating one.

For employers you must remember that a works party is a works event and you can be vicariously liable for acts that take place during it.  Before the party it can be a good idea to issue guidelines on what behaviour you expect from your employees.  You could outline potential hazards that might be at a location and remind employees that they are still under a duty to abide by their terms and conditions of employment.  You could highlight that this includes the harassment clause, any sexual misconduct will be seen as a very serious disciplinary offence and remind your colleagues again that you can discipline them for any misconduct that takes place at the Christmas party.  Whilst at the party you could also try to limit any disasters by putting a limit on the amount of alcohol that you dish out, and try to ensure that everyone has adequate transport to minimise any risk of drink driving etc.

For employees you must remember that at the Christmas party you are still bound by the terms and conditions of employment and you can be disciplined for any acts that take place.  If you are found fighting at the party or committing an act of sexual harassment these could amount to gross misconduct and you could be dismissed for this together with a criminal charge being brought against you.  Furthermore, if you are found to be having sex with a colleague at the party, this is essentially a workplace situation and again you could be disciplined and even dismissed for this.

I am not suggesting that the Christmas party must be alcohol free and / or no fun but, if you remember the guidelines the party can be enjoyed by all and so can the rest of the working year! If you have any other questions about this then please don’t hesitate to contact me on j.nuttall@livingstons.co.uk or by telephoning 01229 585555.

You can find more information on our website at www.livingstons.co.uk