Employment Tribunal Claims – How to Keep Them Out of Your Festive Season!
Author: Swyn Llyr
Key contact: Chris Aldridge
The holiday season is upon us and, while it’s a wonderful time of year. It can also bring significant stress for employers and HR professionals. While Acuity’s Employment team don’t want to be the Grinch this festive season, it is easy to see how gathering colleagues outside of working hours, and adding alcohol to the equation can create potential HR challenges. But never fear, you can read our top tips to avoid an employment tribunal claim here!
Inappropriate employee behaviour at employer-organised events, like a Christmas party, is often considered “in the course of employment.” This applies even if the event is off-site and after hours. In other words, your organisation could be held accountable if an employee has one too many drinks at the Christmas party and makes an inappropriate joke – or worse.
Avoiding Employment Tribunal Claims with the Workers Protection Act 2023
The Workers Protection Act 2023 mandates employers to take proactive “responsible” steps to prevent sexual harassment, and address potential issues. This makes it even more crucial for employers to properly manage and prepare for Christmas parties. As the holiday season approaches, employers should be vigilant in fostering respect and inclusion, both during and outside working hours. This helps ensure a safe and welcoming environment for all employees.
Below are our top tips to help prevent Employment Tribunal claims arising from the Christmas party. By following these tips, we trust you can ensure the celebrations stay enjoyable and steer clear of any legal issues afterward.
1. Clarify expectations
Remind staff before the Christmas party that while they’re encouraged to have fun, it’s still a work-related event, and standard workplace behaviour rules apply. This proactive approach can help minimise inappropriate conduct and provide a solid foundation for disciplinary action, if necessary.
Make sure that your disciplinary and social media policies are up to date, covering behaviour at work-related social events, harassment, and social media activity. The last thing you need is intoxicated photos of staff circulating online.
2. Inclusive invitations
Be sure to invite employees on long-term leave, such as those on family or extended sick leave, to avoid any perception of discrimination. While inclusivity is key, make sure that employees are not pressured to attend.
3. Be mindful of diversity
Be mindful of cultural and personal differences during the festive season. Consider employees with childcare or caring responsibilities, those who don’t celebrate Christmas due to religious reasons or for whom alcohol is prohibited. Shift the focus from the bottle and, instead, use the festive period as an opportunity to celebrate the success of 2024. Opting for a midday meal instead of an evening event, ensuring food options cater to all dietary needs, and providing non-alcoholic beverages will foster an inclusive atmosphere.
4. Lead by example
Senior staff set the tone for the event, and if management is seen drinking excessively, others may follow suit. We advise reminding leadership of their responsibility to model appropriate behaviour and lead by example at work events.
5. Ensure employees know how to raise complaints
Harassment, misconduct, and bullying are often underreported. To prevent these issues and create an inclusive environment, employees must be aware of how to report concerns and feel comfortable doing so. Fear of retaliation is often a barrier to reporting, so it’s essential to make it clear that all concerns will be taken seriously. Building trust in the reporting process requires time and transparency. We also recommend ensuring your grievance policy is clear and accessible, giving employees straightforward guidance on how to report their concerns.
6. Clearly define the party’s end time
As stated above, employers are generally liable for actions taken by employees “in the course of employment”. This includes actions during the official Christmas party. However, this doesn’t usually extend to what happens at the unofficial afterparty, unless it’s seen as an extension of the main event. In practice, we recommend setting clear boundaries around the party’s official start and end times, so that any unofficial afterparty can be regarded as a separate event. If employees continue the party elsewhere or after the official end time, your organisation is no longer responsible.
7. Deal with any problems promptly
Any issues that arise at the party should be addressed promptly after the event. If misconduct occurs, ensure that disciplinary matters are applied consistently and fairly. Conduct a thorough investigation into any complaints, gathering all relevant information – before making decisions. Addressing issues promptly and in accordance with your policies can help to protect your organisation from liability.
If you do experience issues after your Christmas party, the Acuity Employment team will be on hand should you need us! For more information or advice on employment issues contact us.
