The dos and donts of party etiquette

With the countdown to Christmas well under way, many companies will already have made plans to celebrate the festive season in traditional spirit and, for most, the firmís Christmas ëdoí is as much a part of the fun as mince pies and a glass of fizz.

For some employers and their staff however, thereís a sting in the tail this year as employment legislation and the results of recent employment tribunals impact on the doís and doníts of who to invite to the party.

Kevin Logan, head of business development at IT recruitment specialists GCS Recruitment, warns that many bosses simply donít realise that by inviting temporary or contract staff to join in the celebrations, they could create longer term problems.

ìThe simple act of inviting non-permanent employees to the annual staff Christmas party is something that most bosses wouldnít even think twice about, yet it could add weight to any claim they may make for employment rights at a later date,î he said.

The concern has been prompted by recent Employment Appeal Tribunals rulings which found that companies using temps could unwittingly be assuming full employment responsibility for them, by asking them to join in company events.

Some businesses have become so concerned with employment rights that they are increasingly asking employment agencies to provide indemnities against such claims.

ìEmployment legislation is a minefield and it is becoming increasingly more complicated,î said Logan. ìIt is something we take very seriously indeed and work with our clients to ensure they are fully aware of all the rules and regulations.î

Itís not just temporary staff who can land an employer in hot water this Christmas. Logan warns that legislation introduced last year means any employee who ëlets their hair downí at the staff party can cause a problem.

ìPeople think that because they are out of the office, they can do things they wouldnít do normally,î he says. ìIn fact, the Christmas party venue is seen as an extension of the office, which means that behaviour considered inappropriate in the office is also inappropriate in a social environment.

ìAt all work-related events, employers remain responsible for the well-being and behaviour of their employees and they owe it to themselves to ensure staff are gently reminded of that.î

According to one recent survey*, three out of four employers have had to, at some stage, take disciplinary action against employees following a staff Christmas party.

Legislation, which outlaws discrimination or harassment on the grounds of sexual orientation, religion or belief has added to existing laws governing sex, race and disability, makes it even more important for employers to ensure their staff do not breach the law.

Anti-discrimination legislation says that acts committed by an employee ëin the course of his employmentí are treated as if they were also committed by the employer, irrespective of whether the employer was aware of them or sanctioned them. Effectively, this means that the employer himself may also be liable to a discrimination claim if the law is breached.

GCS, which places more than 1,000 temporary and permanent staff a year nationwide, prides itself on staying on top of recent legislation and works closely with its clients to ensure they are fully compliant.

ìUnderstanding the rules and regulations of employment legislation is a real challenge,î adds Logan. ìThe law is constantly evolving in terms of employment protection and we believe it is one of the hardest areas for companies to stay on top of.

ìOur expertise means we understand the issues which both employers and employees have to be aware of and we can help them through every step of the way.î