Member Article

Santa owes his elves a duty of care and could be vicariously liable for any naughty-list behaviour!

The Employment Tribunal (ET) decision in Chief Constable of Lincolnshire v. Stubbs held that a colleague’s leaving party or informal drinks with colleagues after work could be an extension of employment warns Emma-Louise Hewitt, Head of Employment at Sydney Mitchell LLP. It is therefore generally accepted that Christmas parties are also an extension of employment as there is likely to be a very close link between the employment relationship and the off-duty conduct at a Christmas party. Therefore it always worth employers sending a gentle reminder to employees of the standards of behaviour expected of them at Christmas parties.

A good and easy way of doing this is referring the employees back to the company policy on workplace social events which is usually located in the staff handbook. If you do not have one, you can sort you one out, but typically it could include reference to the following:

• dress-code (Mrs Claus’ golden rule: no-one wants to see through it, up it or down it);

• alcohol consumption (be merry but not boundary-obliterating merry – knowing your limits is a good start!);

• social media (don’t post THAT picture); and

• the company’s commitment to preventing harassment and discrimination (chasing “all the jingle ladies” whilst brandishing mistletoe is never a good idea or being invited to sit on Santa’s knee for that matter!).

Employers are generally liable for acts of discrimination, harassment and victimisation carried out by their employees during the course of employment. The only real defence to this liability is being able to show that all reasonable steps were taken to prevent such acts. Having a policy in place is usually a reasonable step, though remember the policy will not be enough, by itself.

Employers shouldn’t worry (too much) if they don’t have such a policy yet; they should just remind employees that, whilst the Christmas party is a social occasion and meant to be relaxed, it is still a work event. Employees should be reminded to behave accordingly and referred to any applicable policies set out in the handbook. If you do not have one, it is worth putting in place a workplace social events policy in the New Year (what better way is there to beat the January blues than a bit of policy drafting?

This was posted in Bdaily's Members' News section by Sydney Mitchell LLP .