Try not to end the year on a bad note. Workplace Christmas parties may bring up issues of conduct and discrimination. Us employment lawyers come back to work with several files on our desk with employers seeking advice on this matter.
As well as the above, holiday and overtime issues tend to arise around this time.
Here are the top 5 common employer queries during this festive time:
- What should employers do to prepare for the festive season?
Managers should familiarise themselves with their employer’s policy on work-related social events.
Furthermore, it is advisable for employers to consider issuing a statement to employees prior to a Christmas Party or similarly work-related event reminding employees of conduct matters and behaviours that could be viewed as harassment.
- Do employers really need a policy of workplace social events?
Yes! Employers should always maintain a policy because they have a duty of care towards staff.
Under the Equality Act 2010 Employers are liable for acts of discrimination, harassment and victimisation carried out by their employees in the course of employment, unless they can show that they took reasonable steps to prevent such acts.
- Is an employer responsible for what happens at a Christmas party?
It is sensible to assume that an employer will be liable as legislation refers to the term “in the course of employment”.
In
Chief Constable of the Lincolnshire Police v Stubbs and other, a police officer complained of sexual harassment by work colleagues in a pub outside working hours.
The Employment Appeal Tribunal held that social events away from the police station involving officers from work either immediately after work, or for an organised leaving party fell within the remit of “course of employment”.
- Can employers require their employees to work overtime in the run up to Christmas?
If the employees contract of employment includes a clause requiring an employee to work overtime when required, then it will generally be reasonable to take disciplinary action if an employee refuses to do so.
In
Edwards v Bramble Foods Ltd, an employee was dismissed for gross misconduct because she refused to work overtime during the company’s busiest period. Her contract contained a clause requiring her to work extra hours when required.
The employment tribunal found the dismissal was fair and within the “range of reasonable responses’’.
- What if an employee comes to work late or not at all the day after the Christmas party?
The employer can make deductions from employees’ pay if they turn up for work late the morning after the company Christmas party as long as the right to make deductions from wages for unauthorised absence is reserved in the employment contract.
If disciplinary action is to be taken for lateness or non-attendance after the Christmas party, employers should ensure that staff are informed that this is a possibility in the disciplinary policy.
Where an employee does not attend due to illness, the employer should follow its attendance management policy and procedures.
Offering an attendance benefit to encourage workers not to take time off sick may appear attractive. However, it carries the serious risk of an indirect disability discrimination complaint that may be difficult to justify