A seasonal reminder ...

The Christmas season has arrived and you are no doubt planning your work Christmas party.  Instead of setting out a long summary of the issues, here are a few of the main points to bear in mind as an employer:

The Christmas party (as well as other social events organised by work) will usually fall within the “course of employment”.

In most circumstances an employer’s legal obligations towards employees and its responsibility for their actions (whether to their colleagues or third parties) at such events remains, notwithstanding that the party may take place outside of the work place. By way of reminder, this will apply in cases of aggression and other inappropriate conduct, whether physical or verbal (which would include, for example, sexist, racist or ageist comments which are offensive to the recipient These fall squarely within the ambit of discrimination law).

Check whether you have a work place policy which deals with work organised social events.

If you do not, you can remedy this by sending a seasonal reminder to your employees (carefully worded) about their obligations and responsibilities to you, the employer.  However, do not forget to consider putting in place a formal policy for future occasions.

If issues arise following the Christmas party, e.g. disciplinary matters or grievances, remember to follow your own disciplinary / grievance policies which should at the very least follow the requirements of the ACAS Code of Practice on Discipline and Grievance Procedures.  Particular care should be taken with the time limits in which grievances and disciplinary matters are to be dealt with.  If your business closes over the Christmas period then review all pending disciplinary and grievance matters to ensure that time limits can be met, and where they cannot, seek to extend those time limits proactively and appropriately.

For more information, contact Vivienne Burbidge, Solicitor at v.burbidge@endeavourpartnership.com

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