Most employers view this time of the year as a chance to boost morale and reward hard working employees, but some statistics show that up to 10% of workers have been disciplined (or should that be ‘roasted’, given the season?!) due to their behaviour during the festive season. However, employers could avoid a New Year hangover by understanding and managing the potential risks.
Liability
Employers need to know that under the Equality Act, any actions taken by an employee in the course of employment are treated as having also been done by the employer, even where the employee’s acts are without the employer’s knowledge or approval. This means therefore, that you can be held liable for your employees’ actions during a social event, even if the party is held outside work at an external venue and out of office hours.
Conduct
Sexual harassment, the most common type of discrimination claim brought in connection with relationships in the workplace, occurs where an employee engages in unwanted conduct of a sexual nature which has the purpose or effect of either violating another employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that employee. You should, therefore, be alert to the behaviour of employees and third parties to ensure that the potential of such a claim is avoided or, at least, limited.
Plan and communicate before the party
Under the Equality Act, if an employer can show that s/he took “all reasonable steps” to prevent the employee from carrying out the discriminatory act or from doing anything of that description, an employer will have a defence to such claims. In order for this defence to succeed, the employer must have taken those steps before the act of discrimination or harassment occurred, so effective communication and planning prior to the event are key.
Policy
Although employers do not want to patronise their employees or detract from the Christmas spirit, it would be worth considering reminding staff about the standards of behaviour acceptable at work related social events. Hopefully you will already have in place a clear policy prohibiting inappropriate behaviour in the workplace and at work-related activities, and employees are aware that such behaviour is totally inappropriate.
If you don’t, whilst it may be too late to draw up and implement one in time for this year’s festivities, don’t put it off any longer, otherwise you still won’t have one in place this time next year! Contact us here at Su Allen HR for help with drawing up a policy that’s appropriate for your company.
If an employee does raise any allegations concerning the behaviour of a colleague at a work Christmas party, employers should take these grievances seriously and deal with them in accordance with the ACAS ‘Code of Practice on disciplinary and grievance procedure’ and thus minimise the risk of employees resigning or bringing claims of constructive dismissal. (Hopefully you have your own disciplinary procedures which are in line with ACAS’ Code of Practice, but if not, please contact us here at Su Allen HR for help.)
Is it worth the hassle?
Although there are risks associated with organising a work related social event this Christmas, employers should not be deterred from throwing a party for their employees as the positive effect of such celebrations on staff morale and loyalty should outweigh any potential negative impact. Provided that adequate steps are taken to ensure that employees are aware of the behaviour that is and is not acceptable, and that employers act consistently in all cases, an employer’s actions will generally deemed to be reasonable.
Finally, do go on and have your office party; be alert to any problems – but enjoy yourselves!
Su Allen HR helps employers by providing a range of HR support that includes advice on how to handle difficult situations, writing clear policies which ensure fairness and consistency in all aspects of managing employees, and providing coaching and training where required. Contact us on 01582 883299 if you’d like to hear more.
Helen Skepper
Su Allen HR