Christmas Special

Season's greetings from your team at ACUMEN BUSINESS LAW

The Office Christmas Party- enough said…?!

With the holidays fast approaching and the nightmare of the Christmas shopping, all employees are looking forward to one thing, the Christmas party. However to the employer this could add to their growing head ach. The courts have suggested that an employer could be liable for the reasonable foreseeable damage caused by their employees under the influence of alcohol at work related events. The reason for this is that the employer's duty of care extends to events which are closely connected with work such as a Christmas party.

After the Night Before

A party is always a good opportunity/excuse to drink, and when the boss is paying normally a lot is consumed. Apart from the big bill at the end of the night the employer's problems may just have started. An employee still has the right to work the following morning and in some circumstance still under the influence of alcohol. Still very happy from the night before accidents might happen to themselves or others, if this is the case the employer may be liable for the injuries caused. If the employee is under the influence, they have an obligation to prevent them from attending work if they are likely to cause risk to the health and safety of others.

Harassment Claims

Unwanted sexual or inappropriate advances by other colleagues are one of the most popular claims after a Christmas party. If there is a successful claim then the employer may be liable under the Employment Equality Act 1998 and 2004. This legislation gives a reason for an employer to look after their employees this doesn't just include other colleagues but also from third parties such as clients which may be invited out as a guest.

Employee Duties

The build up to the Christmas party is always an exciting time. In order to make sure everyone is kept safe the employer may want to send a note to all employees by setting out casual guidelines by email or other means of communication in advance. When the Christmas party comes to a close and a few people head to another bar or night club this is likely to count as an extension to work and therefore all law which apply to the employment relationship will still apply.

Christmas Party Check List

• Before the party, raise awareness that unacceptable behaviour may lead to disciplinary action.
• Have policies on bullying, harassment and discrimination, and make sure that the staff are appropriately trained.
• Make sure that employees know that they are never off duty, even at work-related events.
• Have a good time.

For a free consultation on the above or any employment law matter, please contact Wendy Smith, our Employment Solicitor, on:

Tel: 08458 678 978
Email: wendy.smith@acumenbusinesslaw.co.uk

You'll be glad we are on your side