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15/12/09
Employers Responsibilities at the Christmas Party
Friday 4th December 2009
It’s the Christmas party. What are your responsibilities as an employer?
An employer has a duty towards all its employees whilst they are in the “course of employment”. Tribunals have decided that this includes the traditional Christmas party even if it is in the evening and not at the office. So if one of your employees suffers any form of harassment or discrimination connected with or at the party you will be responsible.
This goes beyond unwelcome alcohol fuelled advances to whether the entertainer tells sexist or racist jokes and ensuring everyone gets home safely.
So what action can an employer take?
1. In order to show that you took all reasonably practical steps to avoid the bad behaviour put a written policy in place for any social activities. This can be added to your existing policy on harassment and discrimination. It should clearly state the guidelines, including that bad behaviour will be a disciplinary matter which could result in dismissal, and be brought to everyone’s attention before the event.
2. Ensure all your senior staff uphold the policy at the party
3. Consider carefully the venue, the food (remembering religious and dietary requirements), the amount of alcohol provided, the entertainment and arrange lifts home
This will hopefully ensure that you can have fun in December without it turning into a nightmare in January!
This article only provides general advice and cannot be relied upon in any particular case. If you would like any advice regarding this or any other employment law related issues please contact Richard Brickley at rsb@aeswinterbothams.com or 01453 847 239.