Too much Christmas Spirit

With Christmas approaching and the office party season getting into full swing how concerned should employers be about finding themselves responsible for an employee's behaviour at a social event?   Can an employer be liable for drunkenness, harassment and fighting by staff when the party is organized out of hours and away from office premises?   Mark Robinson, Employment Partner of Hodge Halsall Solicitors warns of the dangers of the festive season for employers.

Christmas parties' are likely to be seen as "work activities" and improper conduct  remains the responsibility of the employer.     An embarrassing moment for an individual employee may have far more serious and expensive consequences for those running the business.   Excess of alcohol and more social surroundings heighten the risk of sexual harassment, fighting and even drink driving.   In one case, an Employment Tribunal decided that the actions of a male employee in touching a female wearing a sleeveless dress on the shoulder and then on her bare arm was inappropriate because it lasted longer than ordinary social contact and therefore had sexual connotations.    In another case a male employee had made numerous comments about a female colleague over a period of time saying that she "needed a good man" and that he would like to try her out in bed.    Matters came to a head at the Christmas Party when he pulled her dress down at the front and made disparaging comments resulting in a claim of sexual harassment and an award of £10,000.00 for injury to feelings. 

A Canadian Court found an employer partly responsible for an injury suffered by a drunk employee driving home after an office party even though the employer offered to pay for a taxi home or call the employee's husband to collect her.     The offers were rejected but the Court found the employer had a duty to take more positive steps to prevent the employee from driving.    Other employment issues must also be considered.   Are the premises chosen for the party accessible to all staff as, if not, a claim under disability legislation may arise?   If an invitation goes out to the employee's "other half" does it include those of the same sex as a failure to do so may be unlawful?    Have employees on maternity leave been invited to prevent an allegation of sex discrimination?   

The key to avoiding problems is planning ahead. Provide a firm reminder to staff that work place standards continue to apply over the Christmas period, consider designating responsible managers to stay sober and act as "minders" and warn that disciplinary proceedings will be taken against those who offend.