Any self-respecting charmer or gadabout knows that the last Thursday of the month is when nurses are paid, and that the last Wednesday in June in when teachers break up for the long summer break.
Those dates are fixed in the minds of the philandering classes, because they are when young, female members of those professions are usually to be found making merry, courting abandon, and snubbing the nose of caution, in bars and nightclubs across the land.
Just as the last day of the summer term is known as the “Teachers’ New Year” the first week in January is known as the “Lawyers’ New Year” and not just because it is the New Year.
On the first day back from the festive break, employment solicitors the length and breadth of the country will be literally bouncing out of bed and rubbing their hands in anticipation of all the lovely shiny cash that is about to come rolling their way.
The start of January is the busiest time of year for many of them, because that is when all the chickens of office Christmas party blunders, indiscretions and career-ending foul-ups come home to roost.
It is the day when Declan from Warehouse Supplies urinating in the punchbowl stops being high jinks and “just a bit of fun” and becomes the subject of a long and expensive employment tribunal. It is the day when solicitors start to take statements detailing all the events leading up to the moment when Trevor from Accounts sent a selfie of Dwaine from IT Support’s parted buttocks to the wife of the MD. It is the day Aaron from Fleet Management receives a summons from HR over his use the firm’s new AI software to artificially inflate the size of his genitals
Christmas party season is the starkest reminder of why most people who work together, only ever socialise on one day of the year.
While it’s true that we all have busy lives away from work and that we might live long distances from our colleagues – in the brave new globalised world, we might even live in different countries – the reality is that we don’t choose our workmates.
When we are thrown together in the artificial setting of an event that, in all honesty, many of us would rather avoid, things can very quickly go wrong.
The atmosphere of a forced social gathering, often combined with large amounts of alcohol, inevitably leads to professional barriers coming down, inhibitions being abandoned and true feelings being vented.
Only on such occasions would Barry, the 48 year-old sales rep, suddenly decide that Stacey, the assistant office manager 20 years his junior, has spent the past year studiously ignoring him – not because he has halitosis, a Space Hopper-sized beer belly, and a doctorate in self-admiration – but because she’s playing hard to get.
At no other time would Tyler from marketing choose to break a five year silence with departmental colleague Ngolo, to engage him in conversation about racial genetic characteristics and comparative skull sizes.
While others celebrate the festive season, those responsible for health and safety and employment law may already be anticipating January’s employment tribunal hearings.
Planning a Christmas party requires careful consideration. Apparently harmless actions can lead to successful legal claims. Before you start decorating, review the following case examples to mitigate potential risks.
Traditional Christmas party activities, like mistletoe kissing, can unwittingly breach the Equality Act 2010, leading to sex discrimination or harassment claims.
Inappropriate jokes, banter, or even seemingly harmless flirting can cause offense. Similarly, suggestive selfies, risqué photos shared online, and inappropriate Secret Santa gifts can result in legal action.
Employer liability extends beyond the party itself. Cases have been brought against employers for incidents occurring after-hours, in nightclubs, and even in taxis following the event.
Before you uncork the Prosecco, consider these employment law cases concerning incidents at Christmas parties:
- Gimson v Display by Design Ltd (2012): An employee’s dismissal for punching a colleague after a Christmas party was upheld. The tribunal found no provocation from the colleague.
- Bhara v Ikea (2010): An employee’s dismissal following a “tussle” with a colleague after the Christmas party was upheld. Despite both parties downplaying the incident, the employer’s decision was supported.
- Bellman v Northampton Recruitment (2011): The company was not held liable for a director’s assault on an employee at a separate drinking session after the Christmas party. The court deemed the incident outside the scope of employment.
- Livesey v. Parker Merchanting Ltd (2004): A sexual harassment claim was dismissed because the employee hadn’t reported the incident to senior staff before initiating legal action.
- MBNA v Jones and Battersby (2015): An employee’s unfair dismissal claim was overturned. Although both employees engaged in misconduct at the Christmas party, a disparity in disciplinary action was deemed justified. The appeal court found the dismissal to be fair.
These cases highlight the importance of responsible conduct at company events and the potential legal consequences of employee misconduct, even outside of working hours.
