The office Christmas party season is upon us. This is an occasion to let your hair down and for bosses and staff to mingle and speak freely, have a few drinks and share the season’s good cheer.

Or so you might think. Just how free employers should be with work-related conversations with employees at Christmas parties was illustrated by the case of Judge v Crown Leisure Limited where an employee claimed constructive dismissal against his employer after his manager promised him a higher salary at a Christmas do.

The promise failed to materialise. The employee claimed that his manager broke a contractual promise.

At the hearing the Judge rejected the employee’s claim after considering the evidence about the actual conversation arguing that the manager’s comment was made in the “convivial spirit of the evening” and therefore the manager did not intend to enter into a legally binding contract.

Christmas parties are however a potential minefield. Female employees have won sexual harassment claims against their bosses who have made sexual advances towards them at Christmas parties.

In one particular case a colleague commented on a female solicitor’s appearance.

Although some may have regarded the comments as ‘standard Christmas banter’ the employee found himself at the end of a disciplinary procedure which ultimately resulted in his dismissal on the basis of gross misconduct.

The argument made by the employee was that the comments were made as he was walking home from the Christmas party with his colleagues and therefore made outside work and were private.

The court disagreed and held that the Christmas party was sufficiently closely related to work that it would be treated as a comment made during and within the working environment. In the circumstances employers were held to be right to dismiss the employee.

In fact the whole aspect of the office Christmas party needs to be considered quite carefully. Employers should not insist that all staff attend the party. It is after all a Christian holiday and therefore someone should not be pressured to attend if they don’t want to on the grounds of religion.

Employers would be wise to advise employees to buy only inoffensive presents for the secret Santa gift. Providing free drink could also pose a problem.

There was one case involving three employees of the Whitbread Beer Company who got drunk and had a fight after a seminar on improving behavioural skills. They successfully argued the resulting dismissals were unfair and the relevant factor was that the employer had provided a free bar and thus condoned their behaviour.

The laws on discrimination apply at the office party regardless of location. What some people don’t realise is that office parties, even those held outside office hours and not on office premises are still considered “work”.

The employers’ responsibilities to staff doesn’t change. Sexual harassment cases resulting from employee behaviour at parties will still result in the employee being held liable if proven. An employer can be responsible for excessive consumption of employee’s alcohol and what they do during and after the event. Employers owe employees a duty of care and should give some thought to ensure that employees get home safely like providing contact numbers of local taxis or a mini bus for transporting staff.

 

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