Legal
5. Do warn employees about behaviour during Christmas parties It is easy, particularly under the influence of alcohol, for behaviour to deteriorate to unacceptable levels. Unwanted attention or physical contact could be construed as harassment, sexual or otherwise, or even bullying.
In certain circumstances, a claim can even be made against a company where the harassment or bullying was carried out by a third party such as a client or agent attending the party. Faced with potential liability, what can you do? Again, the answer is to inform employees of what is acceptable behaviour and that they may be disciplined if they don’t comply. This can be used to cover any form of disreputable conduct, such as fighting, taking drugs or general abusive behaviour.
6. Be age aware Avoid underage drinking. If you can’t physically supervise party-goers, make sure you issue a communiqué saying that underage drinking is not tolerated by the company.
Link that into disciplinary policies, so staff can be sanctioned if they breach the company’s rules.
7. Beware of careless talk
If you promise an employee a benefit, bonus, or promotion while drunk, are you bound by it? Yes, you are. It is easy to say things in a social, relaxed setting, which you later want to retract. Beware such promises, as it may not be easy to get out of them. Also, avoid the temptation to make inappropriate comments, particularly discriminatory ones. One of those comments could easily form the basis of an employment claim against the company.
8. Take care to stop employees from drinking and driving
An evening event may finish late, so think about an earlier finish if this means that employees can use public transport to get home. Where possible, arrange discounts with the venue so staff get reduced room rates and can stay overnight. If this isn’t possible, or in addition, make arrangements with local taxi firms and circulate taxi phone numbers. Again make it clear that drink driving will not be tolerated by the company.
9. Consider the morning after the night before
Staff should be informed that alcohol
may remain within their body for a considerable period of time. Also, tell them that they may be unfit to drive the next day as a result. Having the party at the end of the week might be preferable to a mid-week event. Also, if your staff are absent the next working day and you think it is due to a hangover, what can you do? This should be treated in the same way as any unauthorised absence and appropriate action taken if the employee is suspected of malingering.
10. Inappropriate hospitality And finally, corporate gifts and hospitality. Since the first conviction under the Bribery Act 2010, in October 2011, companies have needed to ensure that they have a robust hospitality policy in place. The policy should contain ‘adequate procedures’ to prevent corruption. Although not all forms of corporate hospitality are caught by the act, organisations should warn employees about the possible implications of Christmas gifts, either given to or received from, suppliers and clients. Happy holidays...
Claudia Gerrard is a legal consultant at Excello Law. You can call her on: 07447 985647 or email her at:
cgerrard@excellolaw.co.uk
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DECEMBER 2012 PAGE 23
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