Christmas Party Problems 2011
In this age of austerity one might suggest that the office Christmas party should be automatically cancelled. Despite unfortunate job losses, tightening budgets and apprehension about the future, it is important to keep up the morale of the existing staff who still work just as hard and deserve rewarding just as much in this testing time. What better way to do it than to have good old-fashioned knees up at the end of the year!
However, many organisations find themselves with problems on their hands over the Christmas period, particularly the fall-out from the office party, and the answers are not always as simple as you may think.
By thinking about potential problems now and preparing to avoid or address them companies can help make it a happy Christmas for everybody in the business and minimise the risk of complaints or industrial tribunal claims. The Labour Relations Agency Helpline gets enquiries every Christmas from organisations with questions/problems – here are some examples:
Q. Our Christmas party has always been a rather quiet event. However, we took over another company this year and now have a majority of younger employees. They are used to more boisterous celebrations and I'm worried that age discrimination claims will be lodged – how can I make everyone happy?
A. The key to any successful party is to put some thought into it. Try to ensure that there is a mix of music and that any organised entertainment takes account of all ages.
Q. Are there any problems I should consider about the choice of venue and entertainment?
A. The venue should be carefully selected to ensure that all employees may attend if they wish to do so. It must be accessible to disabled people and accommodate all faith communities. It is also wise to vet any entertainers and speakers to ensure that their comments and acts do not constitute any form of harassment or discrimination.
Q. Last year people failed to turn up for work the day after the party. What can we do to prevent this?
A. Make sure you provide plenty of non-alcoholic drinks and food. Before the party ensure that all staff realise that the provision of alcoholic drinks is not a licence to take the next day off and that disciplinary action could be taken if they fail to turn up for work without good reason.
Q. What if an employee who has clearly drunk too much at the office Christmas party is planning to drive home. It's not my responsibility, is it?
A. In fact, it may be. As an employer you have a 'duty of care' toward your employees and if it's the company's party, you need to take some responsibility. Think about travel arrangements and maybe end the party before public transport stops running. Hiring minibuses to take staff home is another option which would probably be greatly appreciated.
Q. If an employee suffers verbal abuse about being gay at the party, which is not on company premises; it's a matter for them, isn't it?
A. Wrong – going the office party, even when it is off company premises, counts as an extension of work and so all the laws covering discrimination still apply. Make sure the company has policies in place on bullying and harassment and discrimination and that everyone knows what they are and what the penalties are for ignoring them.
Q. My recently-recruited manager has issued an email to staff telling them that Christmas decorations breach health and safety rules. Is this right?
A. As long as a proper risk assessment is carried out looking at where and how decorations are sited, particularly if they could pose potential fire hazards, health and safety rules will not normally be breached. Decorations and Christmas trees which have electric lights should also be checked by a professional electrician for any potential faults.
Q. One of my managers has complained that one of her staff cornered her at the office party and insisted on telling her jokes of a sexually explicit nature. How could I have avoided this?
A. Clear instructions on standards of behaviour at such parties are your best defence, particularly if communicated well in advance. A statement should be issued highlighting that employees are there under the umbrella of the company and that as such, normal rules, policies and procedures, including disciplinary and grievance apply. You should outline the conduct expected, provide examples of what breaches might look like and remind people that these will be treated as misconduct in the normal way.
Q. Are there any problems if an employee posts photographs from the Christmas party on a social networking site?
A. Photos of colleagues misbehaving at the work party posted on social networking sites, websites and blogs could cause grievances to be opened against the employer. Having a social media policy in place could help employers avoid this risk. An organisation's social media policy should state that if employees post comments, photos, or anything that can bring the firm into disrepute, they are liable to disciplinary warnings. Employees should be warned that the company policy on harassment and bullying extends to social media. If the employer is planning a Christmas party they should remind employees that they are meant to enjoy themselves and have a good time, but to read the social media policy and to behave towards other people as they do in the workplace.
The law on unfair dismissal requires employers to act reasonably when dealing with disciplinary issues. The core principles employers should work to are:
- Use procedures primarily to help and encourage employees to improve/modify behaviour rather than just as a way of imposing a punishment.
- Inform employees of the complaint against them in advance of a meeting, and provide them with an opportunity to state their case before decisions are reached.
- Allow employees to be accompanied at disciplinary meetings.
- Make sure that disciplinary action is not taken until the facts of the case have been established and that the action is reasonable in the circumstances.
- Never dismiss employees for a first disciplinary offence, unless it is a case of gross misconduct.
- Give employees a written explanation for any disciplinary action taken and make sure they know what improvement is expected and how it will be monitored.
- Give employees an opportunity to appeal if they are unhappy with the decision or outcome.
- Deal with issues reasonably and without unnecessary delay.
- Act consistently.
