Member Article

How to ensure the office Christmas party goes off without a hitch

As Christmas draws nearer, employees are getting ready to let off some steam at the office party after a long year – but what happens if an employee behaves inappropriately even when it’s outside of work? As employers are still responsible for their employees’ conduct during this time, Gareth Matthews, an employment law solicitor at MLP Law, advises on the importance of implementing clear disciplinary policies so that companies can minimise the risk of Employment Tribunal claims.

Understandably as an employer, you probably don’t want to dampen the Christmas spirit by talking about disciplinary issues before anyone has even had as much as a mince pie. However, it is becoming increasingly important for business owners to take steps to minimise the risk of a nasty New Year hangover which may come in the form of an Employment Tribunal claim.

Avoiding discrimination or harassment claims at the Xmas do

While employers should be aware that they can be held responsible for the conduct of their employees during working hours, some may not realise that this can extend to a work party - even if it occurs away from the office.

For example, if an employee makes a remark or gesture at the Christmas party which offends other party guests this could be held to be the employer’s responsibility if the offended employees claims harassment or discrimination.

In order for a business owner to protect themselves, they should take all reasonable steps to prevent inappropriate behaviour from happening, such as having anti-harassment and equal opportunity policies in place which make clear the types of conduct that are considered unacceptable.

It is important to make sure that employees are aware of these policies and they should also be made aware of disciplinary policies which outline how incidents will be investigated and dealt with if unacceptable conduct occurs.

Employers should also make sure that the arrangements they make for Christmas parties don’t inadvertently discriminate against any particular groups of attendees, such as people who do not drink, who have particular dietary requirements for religious or cultural reasons, or people with disabilities who may have difficulty accessing venues. Employers should also ensure that any entertainment booked isn’t likely to offend anyone at the party – so if there is a comedian, for example, make sure you vet their material first.

Disciplinary and grievances

Christmas parties are renowned for being an alcohol-fuelled affair – unfortunately, this may increase the risk of employees carrying out unacceptable behaviour, as well as being absent in the days after.

Employers will never be able to remove this risk entirely and therefore should focus on how they would deal with these issues if and when they arise, remembering that consistency is key.

Any potential misconduct should be investigated thoroughly and any disciplinary process which follows should be held in accordance with the ACAS Code on Disciplinary and Grievance Procedures (as well as your own disciplinary policy). Likewise, any grievances which arise from the Christmas party should also be dealt with consistently. This is important because it shows you are trying to handle allegations in an appropriate and serious manner. Bear in mind that downplaying or overlooking events at a party may set an unhelpful precedent for any similar incidents that take place in the future.

Don’t let social media ruin the event

Part of the appeal of using social media is the fact that users can post updates and photos instantaneously. However, when alcohol has been consumed, posts that may have seemed like a good idea at the time, may be regretted in the morning.

Anything said or done via social media which relates to the business or employees, and that would be deemed misconduct if said in person, should be treated the same online as offline. This means you should still undertake a full investigation under disciplinary or grievance procedures.

If you have concerns about employees’ use of social media it is a good idea to make sure your policies are up-to-date and that employees are reminded about what constitutes unacceptable behaviour before the parties begin.

With any luck you’ll never have to face any issues which could put a dampener on your end-of-year celebrations but it’s always better to be well prepared, just in case. By doing so, you can be confident that everyone knows where they stand and can get on with having some festive fun.

For more information, please visit http://www.mlplaw.co.uk/

This was posted in Bdaily's Members' News section by MLP Law .