As Christmas gets closer, many employers will be hosting the annual office party, but whilst employees will be looking forward to letting their collective hair down in a non-work situation, employers should not lose sight of the fact that they retain an overriding duty to safeguard the welfare of all their staff.
Julian Middleton, employment law partner of law firm, Freeth Cartwright, points out the issues that employers need to consider:
ìWithout wishing to be a party-pooper, but being blunt, employers are responsible for their employeesí behaviour, if it takes place in the course of their employment. This can cover Christmas parties, even when they are held off work premises and outside working hours.
ìThe most common problems at Christmas parties involve employee allegations of harassment and other forms of misconduct directed towards them. Harassment is behaviour, which is ëunwantedí, ëunreasonableí and ëoffensiveí to the recipient and can arise from behaviour that is humiliating, degrading or even highly embarrassing. Typical examples include lewd remarks, inappropriate touching and offensive jokes.
ìHarassment on the grounds of a personís sex, race, disability, sexual orientation, religion or religious belief and age can amount to unlawful discrimination and employers will be liable for such conduct, unless they can demonstrate that they took such steps as were reasonably practicable to prevent the discrimination taking place.
ìSo employers should:
Ensure that managers are familiar with the companyís equal opportunities, anti-harassment and anti-bullying policies and make sure that they are aware that disciplinary action should be taken against employees for inappropriate behaviour - regardless of the fact that the event may be taking place outside normal hours or outside the office;
Treat grievances seriously and in line with the companyís policies;
Take appropriate disciplinary action against employees that are in breach of the companyís policies;
Choose entertainers carefully to minimise the risk of causing offence to employees;
Consider limiting bar tabs;
Avoid loose talk about promotion, career prospects or salary with employees who may use the atmosphere to discuss matters that are more suited to a formal appraisal.
ìWith sensible planning and consideration, employers should be able to look forward to an enjoyable occasion, ñ and avoid a fun team-building event resulting in difficult grievances and complaints!î
It’s party time again...But will employers still be celebrating come the morning after?
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