The office Christmas party is a common way to boost morale by rewarding staff and giving everyone a chance to bond, but when things do not go to plan, the consequences can be much worse than a hangover.
A work related event?
Despite its festive atmosphere, an office Christmas party is legally an extension of the office environment even if it is held away from the office and beyond working hours.
Employers should be aware that they remain liable for acts of harassment, discrimination, assault or other unwanted conduct carried out by their employees.
Who to invite?
Employers should not make the staff attendance at such events compulsory. This could potentially discriminate against those who are unable to attend, for example, on the grounds of childcare.
Employers should guard against pressurising non-Christian faiths to attend in case it makes them feel uncomfortable.
All staff should be invited to the party so that it is inclusive. The invitation should extend to those who are absent from work on family reasons, and consideration should be given to inviting employees who are absent on sick leave.
The venue
Consider choosing a venue that is accessible to all staff including those who may have a disability. Similarly, make sure that any entertainment provided will not cause offence.
In certain circumstances, an employer can be responsible for acts of third parties. This was demonstrated in the Burton and Rhule v De Vere hotels case, primarily a race discrimination case, where the hotel was found to be liable for the harassment of two waitresses by the comedian Bernard Manning’s racist jokes, who was the speaker at a dinner.
Discrimination
Employers should continue to guard against acts of discrimination.
In Nixon v Ross Coates Solicitors, Nixon, the claimant, was seen leaving the office Christmas party, where “a good deal was drunk by everybody”, kissing another employee and going to a hotel room with him.
She told her employer that she was pregnant. The firm’s HR manager began gossiping about the paternity of the baby.
The claimant was upset and embarrassed by the rumours and requested to work away from the HR manager at the firm’s other office. She also raised a formal grievance. Her request to work from the other office was denied and she refused to go back to work in the same office as the HR manager. She resigned in March.
The Employment Appeal Tribunal found the HR manager’s actions amounted to harassment on the grounds of pregnancy. The gossip was connected to the claimant’s pregnancy; the conduct was unwanted, and it caused the claimant embarrassment and upset.
Do not make promises you cannot keep
It is best to avoid discussions regarding career development and pay at Christmas Parties, for rear of misinterpretation.
In the case of Judge v Crown Leisure Limited, during a Christmas party, the employee claimed he was promised that he would be put in the same pay scale as a different employee who had transferred within a period of two years.
His manager disputed this claim. When this pay increase did not materialise, he resigned and claimed unfair constructive dismissal. The Employment Appeal Tribunal held his claim should not succeed because the conversation between him and his manager took place during the “convivial spirit of the evening” and was not intended to be binding.
This is a case that could have been decided differently if there had been more certainty on the agreement reached.
Social media
Remind staff of your social media policy. Staff need to be aware of the consequences of posting pictures online that may bring the business into disrepute, or infringe the rights to privacy of colleagues.
Employers should consider the popularity of social media platforms such as Twitter, Facebook and Instagram. It is important that employees understand the possible consequences of breaching the policy.
How to reduce the risk
Make the party inclusive and invite all staff, whether they are absent or not.
Select entertainment that will not be viewed as offensive.
Remind staff of your policies. It is worth sending an email round on the day of the party just so staff realise the business’s rules apply outside the office too.
Have a dress code.
Avoid an unlimited free bar. Consider an allowance of drinks tokens to try and regulate the consumption of alcohol.
Consider how staff will get home. Ideally arrange transport such as taxis or buses, or at least make sure everyone can get home after.
Avoid discussions at the party regarding career development or anything that could be misinterpreted.
Make sure your employer’s liability insurance covers your staff’s welfare at the party.
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Chris Randall is Head of the Employment Law Department at Ringrose Law. He qualified as a Solicitor in 2006 and has always specialised in employment law. He graduated from the University of Lincoln in 2003 with a First Class LLB (Hons) Law Degree and from the University of Leicester in 2009 with a LLM Masters in the Law of Employment Relations.
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A 65-year-old man will appear in court in connection with alleged racial abuse of the Horncastle Town manager during a football game.
Peter Chapman, 65, of Chapel Lane, Spalding, is accused of racially abusing Horncastle manager Allan Ross during Pinchbeck United’s match with Lutterworth Town on October 31.
Allan had gone to watch his former club Pinchbeck as a supporter, when Chapman is believed to have looked chairman Gary Coomes in the eyes and allegedly said: “I see you’ve let a wog in the stadium.”
He will be in court for the offence of racially aggravated harassment, alarm or distress.
Lincolnshire FA launched an investigation into the incident, and have been working closely with Lincolnshire Police and Kick It Out throughout the case.
Racially abused watching a football match today. Reported to the police who are unable to do anything. 🤷🏾♂️ pic.twitter.com/FxU6ofAnAm
Allan Ross had previously told The Lincolnite that the support he has been given from the public has helped him cope.
He said: “I had a message from the (Pinchbeck) chairman apologising that more wasn’t done at the time. I have a lot of respect for Gary as a football man, chairman and person and I’m glad action was taken.
“I feel better in myself after the huge support I’ve had from the general public across the country.
“It has been phenomenal and now I know others also feel it shouldn’t be accepted and I’m going to fight for people to stand up and speak out.”
Over 17 bags and larger items, including discarded children’s toys, have been cleaned up from the streets of the Sincil Bank area of Lincoln.
Around 14 stalwart volunteers from the Sincil Bank RiverCare and Litterpick Group attended the clean up event on Saturday, February 27. They worked in individuals or pairs due to the current coronavirus restrictions
The rubbish was then taken away by Biffa, which the group had previously arranged with the city council.
Volunteers Sarah Firth and Barbie Gooding helping to make Sincil Bank a clean area of the city. | Photo: Nick Rawsthorne
Stephen Lait is one of the volunteers for the Sincil Bank RiverCare and Litterpick Group. | Photo: Nick Rawsthorne
The group’s next clean up event is due to take place later this month, with an exact date to be finalised in due course.
Volunteers at the latest clean up included Nick Rawsthorne, who helps to publicise the events and take photos to illustrate the team’s work.
Volunteer Amy Firth picking up litter in the Sincil Bank area of Lincoln. | Photo: Nick Rawsthorne
He said: “We would ask that locals help support us by taking their litter home and disposing of it in an appropriate way.
“Many thanks for the hard work of all the volunteers who gave up their own time for no reward.”
Corrine Dore helping to keep Lincoln tidy. | Photo: Nick Rawsthorne
The Sincil Bank RiverCare and Litterpick Group help to keep the drains clear and protect local wildlife, as well as making the local community a cleaner place to live.
Work to repair a large bank slip on Marsh Road in Orby, near Skegness, will get underway from next week.
Subject to weather, the work is expected to take up to two weeks, starting from Monday, March 8.
Marsh Road, between the A158 and A52, will be closed 24/7 for the duration of the works.
The diversion route will be via A1028 Ulceby Cross / A1104 Alford / B1449 Bilsby / A52, and vice versa.
The diversion route for the Orby repair works will be the same as the one for Roman Bank in Skegness. | Photo: Lincolnshire County Council
This route is the same as the one used during the Roman Bank improvement works in Skegness, also starting on March 8.
Karen Cassar, Assistant Director – Highways, said: “There was a bank collapse on Marsh Road, between Orby Holme Field Lane and Skegness Stadium, last month which led to us putting out temporary traffic signals to ensure people’s safety when using the road.
“Next week, we’ll be taking the opportunity to repair the bank now, while we’re still in lockdown and there are fewer cars on the road, before restrictions start lifting and the coast gets busier.
“This will involve installing new sheet piles to support the road, along with rebuilding this section of carriageway.
“Because Marsh Road is part of the diversion route for our on-going works to Roman Bank in Skegness, the diversion route for that scheme will change to mirror the one for these works for two weeks.
“I want to thank everyone for their continued patience while we carry out these essential repairs.”