Summary
Ql have read that many firms are cancelling the Christmas party this year because they are worried about employment claims. I am arranging my firm's Christmas party so what are the risks?
A Employers can be liable for employees' actions at work-related social functions and as you can guess at the Christmas party there is the risk that someone is going to have a bit too much alcohol and cause a problem. In the worst cases are fighting, threatening behaviour, swearing, damage to property and sexual harassment. Many consider that there is also a risk that there will be discrimination claims if they do not take different religions into account when planning their Christmas party. Location, theme, timing and catering should all be considered as some may feel unable to attend on religious grounds because of the arrangements. In one case an employee even brought a claim that he was owed a pay rise following a manager's promise during the Christmas party that he would be upgraded, though eventually this was found not to be legally binding. Minimise the risks by making it clear to all staff, in advance of the party, that the company's rules of conduct and disciplinary procedures will still apply. However, in practice, expecting staff to remain sober, particularly if the firm is providing some or all of the drinks, may be unreasonable. If things do go wrong and you are proposing to dismiss a drunken employee, be wary of unfair dismissal claims. It must be shown that genuine business interests were threatened by the employee's behaviour, and that adequate investigations were conducted. Whether the dismissal is fair will depend on whether the nature of the misconduct was sufficiently grave. However there will always be the risk that if the firm has condoned or encouraged drinking, this may be seen as a mitigating factor in the employee's favour.See the full content of this document
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Benson's L Aw
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