Legal
Laying down the law Celebratingsafely
With the festive season approaching, employers will be planning the annual Christmas bash. But there are a host of safety and legal considerations to bear in mind, as Claudia Gerrard explains
W
ith Christmas rapidly approaching, railway managers and their staff are looking forward to
having a break, getting presents, going to the office party and generally enjoying the season of peace and goodwill. It’s all well and good to celebrate the festive season but what are the legal implications if things go wrong?
The Equality Act 2010 came into force in October 2010 and, unfortunately for seasonal revellers, there are a number of grounds, which might lead to a claim under the act. This includes age, sex, race, disability and, most notably at Christmas, religion. Discrimination can be direct or indirect and can even occur by association. Breach of the act could entitle an employee to make a claim in an employment tribunal.
It was recently reported that there has been a reduction in the number of employment tribunal claims in the period from 1 April 2011 to 31 March 2012. However, there were still a substantial number of claims during that period, mostly on the grounds of unfair dismissal claims, but also, due to religion or belief. When looking at unfair dismissal or religious discrimination claims, the employer’s conduct towards the employee will be a significant factor.
Consider then a case a few years back when Christmas fell at a weekend. As a result, a group of care homes reportedly refused to pay extra bonuses to staff. Usually the care homes paid staff extra for working on bank holidays, including Christmas day and Boxing Day. A clever lawyer, or union, could argue this was discrimination on the grounds of religion. But further, if the employee complained and was later dismissed, could this also amount to unfair dismissal? Possibly, so caution is always recommended.
Christmas on the railways: Ten top tips
1. Do provide staff with proper equipment to put up decorations Some companies hire professional office decorators at Christmas, but many allow staff to decorate their own working space. That’s all good and well in the spirit of Christmas, but what happens if an employee stands on a desk or chair and then falls off? Can an employer be liable? Well, the answer is yes.
The Corporate Manslaughter and Corporate Homicide Act 2007 means there are consequences if an employee is killed at work whilst hanging up Christmas decorations. If an employee is simply injured, an employer could be liable for breach of health and safety at work regulations. Either offence could result in prosecution and a hefty fine. Ultimately, therefore, employers should provide suitable equipment, such as ladders, and make sure that staff know that such equipment should be used at all times.
2. Invite your staff to the office party but don’t force them to attend It is probably obvious that invitations should be sent to all employees, potentially even to those on sickness leave, even if they are not office-based. Inevitably, depending on your company’s line of business, some staff are likely to be rostered to work that evening and won’t be able to attend. But what happens if an employee who is able to go refuses to go? Can you force them to attend? Well, Christmas parties should not be mandatory. So, if an employee refuses to go, you shouldn’t try to force them. Even gentle persuasion could constitute harassment and bullying, which in turn might fall foul of the Equality Act 2010. And, if the grounds for non-attendance might be religious, don’t treat the
employee differently or inappropriately. Such treatment could constitute religious discrimination.
3. Location, location, location An office might not be the best location for your Christmas party. A train depot or signal box even less so. Making space and providing adequate facilities might prove difficult in practice. So, if you hold our party off-site, what considerations will apply?
Generally, even if you have an off-site
party, this is still a ‘work function’ and, as an employer, you owe a duty of care to employees when holding the event. This means you may need to carry out a health and safety assessment, if appropriate. At the least, check the contract with the venue and make sure there is adequate insurance in place to cover accidents or damage.
4. Do warn staff about alcohol consumption In the Christmas spirit, most office parties entail alcohol in some form, either at an open bar or up to a pre-set limit. But what happens if an employee over-imbibes? Is there an obligation on the employer to monitor the activities of employees in a social environment?
There is indeed. If the employer is the host, the party could still form part of the employee’s working environment. This means that you should warn employees about drinking too much and stress that the company has zero tolerance for over- indulgence.
Companies whose staff have safety- critical roles will have an alcohol policy in place anyway, with some staff unable to drink if the party is during working hours. It may be more appropriate for some companies to consider a ‘dry’ party where food, rather than drink, is the main focus.
DECEMBER 2012 PAGE 21
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