10 October 2005
It is that time of year again, when the big decision of where to hold this year’s Christmas office party is upon us. However, as this article illustrates, when it comes to organising such events, there are bigger and more fundamental decisions to be made.
Perhaps the first issue to consider is whether to call your gathering a "Christmas party" at all. Under the Employment Equality (Religion or Belief) Regulations 2003, having a Christmas party could be seen as discriminating against non-Christian employees. It might be worth considering a change in the name and also the décor of your office party. Many employers now choose to hold "end of year" celebrations and either select a non-religious theme or keep decorations to a fairly neutral party style. It is probably a good idea to keep mistletoe off the list of essential items, as work dos are not, despite what some belief, the perfect occasions for one to grab a colleague of theirs for a quick kiss. This could result in a claim of sexual harassment. Moreover, because Tribunals regard office parties as taking place in the course of employment, employers are warned, as they can be held vicariously liable for the actions of their employees, whether the party is at the office, or at an alternative venue.
When sending out the invites, if employers are inviting staff and their partners, they must include all types of partners. This means married, same sex civil partners and long term partners in both heterosexual and same sex relationships. This should help employers avoid costly claims of sexual orientation discrimination, and also any claims brought under the Civil Partnership Act, which should be in force just in time for this year’s festivities; due to come into force on 5th December 2005.
When deciding whether to hold the celebrations in the office or elsewhere, remember that there are health and safety issues to consider. We recommend that employers take a look at the Trade Unions Congress’ and The Royal Society for the Prevention of Accidents' party hazard checklist. It is of fundamental importance that employers ensure that the chosen venue conforms to fire safety regulations, has adequate access for any disabled employees, and is able to cater for a variety of dietary requirements. Furthermore, any entertainment hired should be carefully thought through, as what one individual finds amusing may be highly offensive to another, and employers could find themselves facing claims of sex, disability, sexual orientation, race and religious discrimination claims all from one showpiece.
Think carefully before agreeing to a free bar all night. Excessive alcohol consumption may seem like a great way to unwind at the end of a stressful working year, but be aware that along with the inevitable hangovers and embarrassing office gossip, there may be a few legal issues to deal with as well. Ensure that there are adequate provision of soft drinks and water for those who do not drink alcohol, particularly as some people avoid alcohol for religious reasons, and thus failing to do so, may lead to a religious discrimination claim. Try to arrange the party for a Friday or Saturday night, however if it has to be on a day when people have to be in the office the next day, make it clear that employees who call in sick, because they overdid it the night before, may be subject to disciplinary action. If such action is necessary, follow the appropriate statutory procedures.
Also, be careful about what conversations take place between employers and employees at such socials. Although Tribunals have been reluctant to enforce any agreements made in casual conversations at staff parties be aware that what may seem like a flippant comment to you, may result in either a claim for breach of contract or possibly of constructive dismissal. In particular, employers should avoid talking to employees about promotion prospects or salaries, because employees may take anything employers say as a contractual promise.
At the end of the evening it is a good idea for employers to arrange some form of transport home by either providing taxis, or a bus to get staff home or, by at least making sure everyone has the number of a local registered taxi company. As yet, English courts have not held employers liable for accidents caused by employees driving home drunk after staff parties, but in Canada an employer was found partially liable even though he offered to pay for a taxi home. The court said he should have taken the employees car keys and called for a taxi.
Most of the above is just about utilising common sense and being aware of the particular sensitivities of your employees, but nevertheless it is worth the effort to follow such advice. As a general rule for all work socials, employers should check that their equal opportunities, anti-discrimination policy, anti-harassment policy, and any other policies that govern standards of behaviour expected from your staff, are clearly drafted and up to date. Employees should be reminded about the existence of these policies, and that they should behave in accordance with them even when at work dos. In addition, it is a good idea to have regular training on these subject matters, as then if an employee does step out of line, employers thereby give themselves the best chance of successfully defending any claims by arguing that they took ‘reasonable steps’ to prevent the discrimination.