It’s that time of season when the festive parties and drunken behaviour can lead to various problems for employers.
Whilst it’s important that everyone at these events have an enjoyable time, it needs to be remembered that any event, even away from the actual workplace itself, will be classed as an extension of the workplace and therefore some things should be considered in advance to ensure the aftermath is not as messy as the event!
Here’s the potential banana skins for employers…
- False promises and breaches of confidentiality: The saying “loose lips, sink ships” springs to mind here! Managers (who normally have the authority to do so) should not make drunken promises they may regret later or where breaches of confidentiality can easily happen under the influence. It is quite possible for a verbal assurance that’s been made by a manager to be legally binding on the employer. That’s because you can have an oral contract; agreements don’t have to be in writing. You will only be bound if the terms of the promotion were both clear and explicit - invariably, conversations conducted under the influence of alcohol won’t be this detailed but nevertheless it could still be problematic, causing de-motivation and failed expectations etc. the Court of Appeal in Judge v Crown Leisure Ltd 2005 gave some helpful guidance on this issue from. In this case the employee claimed his boss had promised him a higher salary “in due course” during a chat at the Christmas party. Two years later after his pay had remained static, the employee resigned and claimed constructive dismissal. The court found that the nature of the promise was “vague and uncertain”, i.e. his boss had not been specific about what exactly would happen and when. Therefore, the employee lost. However, had the boss been more specific and said something like “I'm giving you a £10,000 pay rise first thing Monday morning”, the outcome would no doubt have been different.
- Harassment, bullying or discrimination: This could be in the form of drunken sexual harassment between male and female colleagues, managers bullying less senior staff and discrimination in terms of the event itself not recognising diversity of the workforce in terms of the ‘protected characteristics’ age, religion etc so bear this in mind and get an Equal Opportunities policy in place.
- Turning up to work late the next day (or not at all) through a bad hangover
- Social media posts showing people in compromising situations
- Bringing the company into disrepute – this may be important in smaller towns and cities where the company has a good name
- Violent or threatening conduct behaviour towards colleagues or others
So what should an employer do to avoid the hassle? Protection is the best policy!
In advance of the work-related event, by way of an issued company statement or memo, employers should protect themselves and mitigate risks by clearly setting out the expectations and ground rules of the event AND the consequences should they not be adhered to. Then you can legitimately point to them and rely on them if necessary, and take the most reasonable appropriate action depending in the circumstances – typically disciplinary action.
Practical things to consider are limiting the consumption of alcohol, or not having a “free bar” and perhaps appointing a responsible person to stay sober and keep a reign on things.
Employers shouldn’t be seen as the Grinch or Scrooge but equally they shouldn’t suffer unnecessarily for attempting to put on an event that is meant to be a positive thing for the staff. The risk of the Christmas event going badly wrong for an employer can be mitigated with a bit of common sense by everyone involved. Depending on the workers, the culture, the environment of the event, it could either be a great one to remember or a bad one to forget!
Having said all that, I hope you simply enjoy the party!
If you would like a template company statement to base your own event ground rules on in advance, simply contact us at info@thepersonneldept.co.uk to request a copy.
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