The Staff Christmas Party What Employers Need To Know

The staff Christmas party: what employers need to know:-

• Sexual harassment, assault and religious discrimination claims are often rife in the workplace, following the festive celebrations.
• Employers are likely to remain liable for any actions taken by their employees at work-related social events (including those taking place outside the office) even where the acts are without their knowledge or approval.
• Employers will have a defence if they took "all reasonable steps" to prevent the act or anything similar of that description before it occurred.
• Employers should therefore have a policy setting out the boundaries of acceptable standards of acceptable behaviour in clear terms, including examples of unacceptable behaviour and potential disciplinary sanctions.
• Case law shows that employers may be perceived as condoning behaviour where they provide a free-flowing supply of alcohol, given that incidents are usually fuelled by alcohol consumption.
• Plenty of alcohol-free beverages should be provided, especially where there are employees under 18 years of age.
• Any allegations raised by an employee regarding the conduct of a co-worker should be taken seriously and dealt with in accordance with the Acas code of practice on disciplinary and grievance procedure.
• Staff who behave badly outside the workplace can still be disciplined by their employer for misconduct.
• Employers should refrain from disciplining staff during the celebrations themselves and should instead wait until the next working day.

Published: November 2014

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For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.

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