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STAFF PARTIES
Do I need a Christmas party/social event policy?
It’s not necessary to have a separate social event policy. An alternative is to have an employee code of conduct outlining the behaviours expected during work hours or at company events, including the types of behaviour that are unacceptable. Make sure this is communicated to staff before any company event takes place. I would suggest including something in your disciplinary policy that covers employee behaviour at company events.
What are employers liable for?
Employers are vicariously liable (legally responsible) for the acts of their employees carried out ‘in the course of employment’. This can also include time at events organised by the employer that are outside of normal working hours and off company premises. The Court of Appeal recently found an employer to be vicariously liable for the actions of one of its employees following a staff Christmas party (see Case studies).
How far should I supervise staff at parties?
Let staff enjoy the celebrations. I would recommend having two or three managers who are monitoring things, who will intervene if a colleague is drinking heavily, for example. Sometimes just a quiet word is enough for the employee to calm down or slow down on their drinking.
Do I have a duty of care for getting staff home?
Yes, employers do have a duty of care to staff. If alcohol is involved, you may want to consider providing transport or checking out the times of local transport.
What do I do if one member of staff starts harassing another member of staff while drunk?
A manager should speak to the member of staff concerned. Try to calm the situation and if necessary arrange for the drunken member of staff to be taken home. This would then need to be discussed with the employee on their return to work. It is possible that the employee who was being harassed may wish to raise a grievance.
Can employees be disciplined for misconduct after a Christmas party?
Yes, they can. At a Christmas party for one company, held off-site, one member of staff was very drunk. For some reason he took a dislike to a member of staff’s husband. The husband did not work for the company. The employee became very abusive and wanted to punch the husband. His manager intervened and sent him home in a taxi. The employee was then invited to a disciplinary, where he received a written warning for his unreasonable behaviour.
DISCRIMINATION/RELIGIOUS BELIEFS
Should employees who aren’t Christian be given additional annual leave to enable them to celebrate religious festivals?
There is no obligation to give employees of faiths other than Christianity additional annual leave to allow them to celebrate their religious festivals. Employers do, however, need to be flexible and non- discriminatory in allowing time off to employees who wish to celebrate their own religious days or festivals. This will help to avoid a claim for indirect discrimination on the grounds of religion or belief.
Can I still hold a Christmas party if some of my employees belong to other religions?
Yes, you can, but remember that some employees may not want to attend the Christmas celebrations that you have planned on religious grounds.
TIME OFF
What should I tell employees who want time off at the same time?
This is where a policy on annual leave is needed which clearly outlines the process for booking holidays. For example, a policy may state that two employees may not be off at the same time. If two requests are made at the same time, and it’s not possible to have two people off, then consider both requests and either accept one and decline the other, or decline both. Talk to the employees; it may be that one can change the dates they requested.
Having a chart showing when everyone has booked holiday works well. Explain to employees to check the chart first before requesting holiday. If someone has holiday already booked on the chart then they should not request those dates.
Can I refuse holiday requests in a particular period?
Yes, you can. Just because an employee requests holiday does not mean that it will be accepted. It is a request to take holiday, not a right to. It’s a manager’s decision as to if the holiday is accepted or not. A couple of things to consider: Is anyone else on holiday at that time? Is it a busy period in the business and will there be enough cover if that person were on holiday? It is possible to include in your employment contract times when holiday may not be taken because of business commitments.
What do I do if staff turn up late or not at all after the Christmas party?
Make it clear to all staff prior to the event that if they are late for work or don’t turn up then disciplinary action may be taken against them.
Case studies: off the premises
Clive Bellman was a new employee at a recruitment agency. The company organised a Christmas party for staff and then paid for taxis to, and drinks at, an after-party at a nearby hotel.
At the after-party, the managing director, John Major, was involved in an argument with the claimant. Major gave employees a lecture about his authority, then punched Bellman in the face twice. Bellman suffered serious brain damage after falling and hitting his head on a marble floor.
In Bellman v Northampton Recruitment Limited (2018), the Court of Appeal found that ‘there is sufficient connection between Mr Major’s field of activities and the assault to render it just that [the company] should be vicariously liable for his actions’.
In another case, Gimson v Display By Design Ltd (2012), an employer was found to have fairly dismissed an employee for a brawl after the end of a Christmas party. Mr Gimson was walking home with colleagues after their work party when he punched a colleague in the face following a disagreement. The employer dismissed Mr Gimson for gross misconduct.
An Employment Tribunal found that the events after the work Christmas party were sufficiently closely connected to work to have had an impact and that dismissal was a reasonable response.
