Time to Start Talking Christmas Parties
Christmas time is here again and, once again, we are looking forward to celebrating the end of another year, which was for the most part “normal”, and many companies may now be considering a sponsored outing.
The Christmas party, which was a regular annual event in companies has, over recent years, declined for a number of reasons, excluding the obvious one of Covid.
With the development of employment law and health & safety legislation, any activities which are now associated with work become, by implication, a work related activity. This has meant that both employers and employees are expected to conduct themselves in a manner that is appropriate and would not fall foul of any employment or safety legislation.
So, what does this mean for both employers and employees?
Firstly, one must assume that if a function is being held at a third-party location, such as a hotel, then any health and safety obligations relating to the actual physical environment will be the responsibility of the provider of the services. However, employers should still ensure that the location they have selected is fit for purpose.
The employer should also ensure that all employees are aware it is a work-related event and therefore all normal policies i.e., bullying and harassment, health and safety, disciplinary procedures continue to apply. With that in mind, everyone is expected to conduct themselves in an appropriate fashion when attending the function. If it is the case that the employer is providing alcohol, then, again, there is an implied responsibility that reasonable steps have been taken to ensure the health & safety of employees. This has meant that employers may now use vouchers which restricts the amount of alcohol being provided by the company to employees.
Another area where employers are responsible , is ensuring that the behaviour of their employees is appropriate and does not expose the company to any actions on behalf of their employees for whom they might be vicariously liable.
In relation to employees, what does it mean for you?
Employees are expected to conduct themselves in an appropriate fashion. In this regard, they are expected to behave in a manner that does not cause offence or risk. Unfortunately, incidents of a sexual harassment nature, especially between male and females but not exclusively, or of fighting or inappropriate work discussions can arise.
Whether the behaviour is consensual or not, such behaviour could still be inappropriate at a workplace function and employees must ensure they do not find themselves in a compromising situation.
Also, just because this is a festive occasion, and everyone is out to enjoy themselves, this does not give permission to any person to assume they can or make inappropriate/unwanted advances to another member of staff. As we are all aware, being under the influence of alcohol is not a defence for inappropriate behaviour and whilst, unfortunately, these situations do arise, it is the responsibility of the individual and, possibly their colleagues who may be with them, to ensure they behave appropriately. In fact, it would be the case that if anyone believed that a member of staff is likely to behave inappropriately they should bring this to the attention of a member of the management present, who can then address the situation.
Hopefully Christmas parties will proceed without any challenges. However, if incidents do arise, such as employees having a fight or one employee being abusive to another employee or abusive to a member of management, or a member of management being abusive to an employee, then, in those circumstances, it would be the responsibility of the company to conduct a full investigation into the behaviour with the resulting possibility of disciplinary action being taken.
Because of these extended difficulties, not only are we seeing a reduction in the number of functions which might take place, but a lot of companies are now opting to not to hold any Christmas functions at all.
Instead, departmental lunches may take place where the department will go out for a lunch and finishes at normal time. Provided the company or the Departmental manager who is organising it, does not extend the hospitality to beyond the designated lunch, and it is clear to everybody that the lunch is the only activity the company is involved in, what employees may decide to do afterwards under an environment which is not controlled/organised by the company, is their own business.
The moral of all of the above, at the risk of sounding “Grinch” like, is to remind employers that whilst a Christmas Party is of course a very positive and rewarding team building initiative, both they and the employee must make sure that any activity of a festive nature, is conducted in an appropriate and acceptable fashion and no inappropriate behaviour is allowed to develop.
To not do so may result in liabilities falling on both the employee involved and the employer who is responsible for their employees.
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