legal issue
‘tis the season to be jolly...
but it’s also the season to make folly! By Angela Protheroe, Associate HardingEvans
W
ith the festive season fast approaching employers need to start giving some thought to the annual Christmas party, so as to avoid having to deal with the
festive season aftermath. While we certainly would not wish to dampen the
festive spirit, it is important that employers make staff aware of the expected standards of behaviour at the Christmas party. After all, it is a work based event. We would recommend all employers have a clear
policy detailing what constitutes gross misconduct. If you do have staff who bring your business into disrepute, make sure you have a clear disciplinary procedure to follow. If you decide to have your Christmas bash on a
‘school night’, make it clear that failing to attend work the following day, lateness, or presenting to work under the influence of alcohol, may result in disciplinary action. We all want our staff to have a good time, but a written warning or a dismissal is one present from
22 THEbusiness QUARTER
Santa that no employee would wish for. Employers should also consider, carefully, the venue
of the Christmas party. If you are planning on having a party at the office, think about health and safety. The photocopier should be completely off-limits! You will also need to deal with issues relating to
the storage of food and drink, and ensure that there is no underage drinking. If you are planning to have your party off-site, the location should be accessible to all, including disabled employees. Employers have a duty of care towards employees in the course of their employment, and that duty extends to events like the Christmas party. So think about how you are going to get your staff to and from the venue. We all indulge a little too much at Christmas, and
many staff ‘incidents’ are fuelled by too much alcohol. Plenty of non-alcoholic drinks should be available, and while mistletoe is a cliché, being fondled at a boozy outing could result in a vicarious liability harassment claim. Employers should, therefore, take reasonable
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