As we approach the festive season many employers are faced with a plethora of things to do before the year end. This often means that it is difficult to keep on top of some employment/employee issues. One such issue is the Christmas Party and this article we seek to provide an early update on what employers should be mindful of, so that we may relive some of the end of year workload burden.
The Christmas Party
Many employers arrange for a Christmas Party as the ideal way to recognise staff contribution and effort throughout the year, to allow staff to blow off some steam and also to allow staff to get to know their colleagues and managers. However, when alcohol is involved it is also possible that inappropriate behaviour will occur such as insulting conduct, unwanted sexual advances etc. There have been several cases in recent years which have found that an employer can be liable for such employee actions at work related social events and here we identify what type of issues may arise and what pre-emptive action can be taken.
Discrimination by employees
The most common risk for employers is discrimination as employees may engage in some form of discriminatory act towards another employee. In Maguire –v- N.E. Health Board (DEC-E 2002/039) the Equality Tribunal awarded an employee €5000 after he was verbally abused at a Christmas Party for being a Member of the Travelling Community. Similarly, in Ms Z –v- A Hotel (DEC-E2007-014) the Tribunal awarded €12000 to an employee after she was sexually harassed at a Christmas Party by her General Manager. Key concerns of the Tribunal in these cases were that (a) the employers did not investigate the employees’ respective complaints, and (b) the employers did not have a policy as to how employees were to conduct themselves at the social events. In both cases, the Tribunal found that the employer was liable for discrimination, even though it occurred outside of work at a work related event, as the employees would not have been discriminated against had they not been working for their respective employers.
Discrimination by third parties
Employers should also be wary of Ms A –v- A Contract Cleaning Company (DEC-E2004-068) where the Equality Tribunal held that an employer was liable for €21000 for discrimination carried out by a third party. The employee, who worked at a shopping centre, had been sexually harassed by the third party who also worked at the shopping centre, only for a different employer. Therefore, it was her work that led to this discriminatory behaviour. Again, a crucial issue was that the employer did not investigate the employee’s complaints. This should be noted because bringing employees to an external venue for a Christmas party, particularly a public social venue, places those employees in a scenario where they may face inappropriate behaviour from third party persons, such as sexual harassment or racial discrimination.
Social Networking and the Dreaded Christmas Photos
The growth of social networking sites seems to be never-ending and with users now able to instantly upload photos through smart phones the growth of social networking can prove troublesome to employers during and after the Christmas Party. An unwitting employee may publish photos from the party on their network and the consequences may be to (a) bring negative publicity upon a company as its employees are seen to be out under the influence of alcohol, and/or (b) lead to tensions where an employee has published an embarrassing or negative photo of a colleague. As such, it is advisable that employers have a detailed policy in place on email and internet usage and that such a policy extends to work related events. In addition, employers are advised to notify their employees to respect the right to privacy of their colleagues when attending such events.
Taking Pre-emptive Action
Notwithstanding the above, an employer does not have the automatic entitlement to take disciplinary action following an incident that occurs at a work related event. An employee may have a reasonable expectation that what they do outside of working hours is not subject to company disciplinary rules. As such, employers should take pre-emptive action:
- Firstly, ensure that all employees have received a copy of their contract of employment and employee handbook and that these documents contain clear policies on bullying, harassment, email and internet use and disciplinary procedures.
- Secondly, issue a memo to all staff in advance of the event and explain that as the event is work related, it will be subject to Company rules and procedures.
- Highlight your disciplinary rules and procedures to employees in advance, ensuring that they are aware that they may be subject to disciplinary action for unacceptable behaviour.
- It is advisable to remind staff to drink alcohol responsibly and in moderation.
- A recommended step is to arrange transportation for employees to and from the event to reduce the likelihood of drink-driving and help ensure that employees get home safely.
- Is the venue suitable? Employers should ensure that the venue is safe from a health and safety perspective, bearing in mind its suitability for any disabled employee.
- As it is a work related event the career discussions and salary increase requests are bound to arise. Managers are advised to avoid such discussions at all costs.
- Appoint a designated person to take photos at the work related event.
- Coach Managers on how to respond to any unwanted conduct that may occur at the event.
- If any inappropriate behaviour occurs, take swift investigative action upon the resumption of work, especially where an employee has made a complaint, drawing reference to the memo mentioned in the second bullet point above.
Employers should seek advice from Peninsula Business Services if they wish to take pre-emptive action in advance of the Christmas Party. Please phone the 24 Hour Advice Service on 01 8555050 and one of our experienced advisors will be happy to assist.
