Last updated 16:38, Thursday, 27 November 2008

In recent years, statistics have shown that it has become commonplace for UK employers to decline to hold a Christmas party, or even enter into the spirit of the festive season.

CANCELLING CHRISTMAS?

Christmas can be a catalyst for employees to let off steam, but this may lead to a new year for employers filled with a host of grievances, disciplinaries and employment tribunal claims. The heady mix of alcohol, festive cheer, dressing up, secret Santas and an endless supply of mince pies followed by the Christmas party, can lead up to a new year which finds relationships in the workplace being tested.

CHOPPING DOWN THE CHRISTMAS TREE?

A question often raised is whether, given that religious discrimination claims are a definite possibility, it is appropriate or even lawful to put up the traditional Christmas decorations and tree as part and parcel of the celebrations?

The Employment Equality (Religion or Belief) Regulations operate to ensure, amongst other things, that employees are not subjected to harassment on the grounds of their faith or religious belief. The test of harassment involves the complainant evidencing that his or her dignity has been violated, or he or she has been subjected to a hostile, intimidating, humiliating, or offensive environment. It is unlikely that the putting up of Christmas decorations could be said to create such an environment.

The larger issue that employers may have to consider in the future, is whether those of other faiths should be entitled to decorate the workplace for their own major religious festivals, such as Eid or Hanukkah, to ensure equality of treatment.

CHRISTMAS CARDS AND SECRET SANTA

As with decorating the office, the giving and displaying of cards at Christmas time again, arguably, points to Christian symbolism during the festive period. Clearly, employees, in giving Christmas cards, should ensure that these are not offensive (on religious grounds or otherwise) in order to avoid potential complaints of discrimination and bullying and harassment.

Secret Santa gifts of the suggestive type should be banned altogether, as they are the most likely to spark complaints. If secret Santa is going to be on the agenda, then assumptions about who may, or may not, join in should not be made. Aside from religious claims, missing someone out of the secret Santa event could lead to a range of complaints from bullying and harassment, through to claims of discrimination on the grounds of race, sex, sexual orientation, age, religion or religious belief.

THE OFFICE CHRISTMAS PARTY – THE BIG ONE

Given that the office Christmas party is the most likely celebration to lead to employment disputes, it is worth spending a little time considering the potential pitfalls.

The invite – Employers should not insist that all staff attend the Christmas party. Aside from it being a Christian holiday (therefore making it possible that some members of staff may not want to attend on religious grounds) if the event is out of working hours, it should also be borne in mind that some people have family responsibilities that may prevent or make attendance difficult. Also, remember to invite employees who may be away from the office on absences such as sick leave, maternity leave or secondment.

Alcohol, a balancing act! – It is sometimes difficult to strike the balance right between allowing employees to let their hair down, relax and have a good time, and not allowing the Christmas party to degenerate to a drunken free for all, that many may live to regret. Employers must remember that they have a duty to take reasonable care of their employees, and that they can be held liable for the acts of their employees. Alcohol induced claims of harassment of any discriminatory kind (most often on the grounds of sex) are not uncommon and all of the discrimination laws make it clear that claims can be bought against both the alleged perpetrator and the employer for failing to protect the complainant. Depending on the nature of the allegation, it could also lead to criminal liabilities. Arguments and fights between individual employees and/or their managers also often occur during the Christmas party, or as a result of over-consumption of alcohol. Employers may find themselves facing a number of different claims as a result of the Christmas party, and having to discipline employees for their behaviour in the New Year.

Drunken promises – Alcohol can make people say and do silly things, so always avoid staff appraisals and performance reviews during the office Christmas party. In the case of Judge v Crown Leisure Limited, an employee claimed that, during a chat at the firm’s Christmas party, his boss had promised that within a couple of years he would be put on the same salary as another colleague who earned twice as much as him. He later resigned and claimed constructive dismissal on the grounds that his employer had broken his contractual promise. Fortunately, the Employment Appeal Tribunal held in favour of the employer, stating that the context of the conversation indicated that the employer did not intend to enter into any legally binding contractual commitment. The employer, however, could be regarded as lucky to have found itself in front of a tribunal that was prepared to take a relaxed view of the meaning of a ‘promise’; the case could easily have gone the other way. It should be remembered that a promise made at a Christmas party may still amount to a binding contractual agreement, depending on the circumstances.

The morning after – Often, the Christmas party will be mid-week, and people are therefore expected to be in work the next day. On other occasions, the Christmas party is held at lunchtime, and people may be late back and/or intoxicated on their return. If disciplinary action is to be taken in these situations, then a past acceptance of such circumstances could be used as evidence that disciplinary action against an individual was unfair. Therefore, employers must be consistent and clear on what is and is not acceptable. When arranging the Christmas party, employers should be aware that if alcohol is allowed to be consumed there will be likely a loss of productivity the morning after/the rest of the day.

TOP TIPS

There are a number of steps you can take to reduce the likelihood of complaints, disciplinaries and, eventually, tribunal claims being brought.

Ensure your anti-discrimination, and bullying and harassment policies are up to date and, if not, have them reviewed. Remember, these policies still apply at the office party, and if needs be, bring them to the attention of your employees shortly beforehand.

If your employees attend parties organised by clients or customers, ensure they are aware of the standards of behaviour expected of them, and that despite the fact it is a party, they are attending as a representative of their employer.

Before the party starts, ensure that all of your staff know that disciplinary action could be taken if they fail to turn up to work due to over-indulgence, or if they return back to the office intoxicated after lunch.

Limit free booze at the office Christmas party by setting what the number of free drinks per individual will be beforehand and informing all those attending.

Ensure that soft drinks are as freely available as alcoholic drinks, and ask people to stop drinking if they appear to be intoxicated.

Try and make sure that everyone is included in the festivities by playing music that will suit all, and ensuring that your entertainment takes account of all ages, races and religions.

If a member of your staff has clearly drunk too much and plans to drive home you, as the employer, should take responsibility as part of your duty of care to your employees. Therefore, you should consider ending the party before public transport stops running, or provide either transport home for your staff, or supply them with phone numbers for local cab companies, and encourage staff to use them.

As for the workplace itself, ensure it is tastefully decorated, (avoid mistletoe!) and set down some guidelines for any secret Santa participants.

If grievances are raised, or disciplinary action is required as a result of incidents during the festive season, ensure that proper procedures are followed and take all grievances and disciplinaries seriously.

Employers should bear in mind that at the end of the day, ‘tis the season to be jolly’, and the Christmas festivities are also about rewarding staff for their hard work throughout the year and boosting their morale. While ensuring you do that as an employer, it is well worth bearing the above in mind. So eat, drink and be merry (but remember to unplug the photocopier!).