It is the season to be jolly and the time when most employers choose to adopt a certain sense of Santa-like generosity. Many will offer rewards to their staff in the form of a ‘Christmas bonus’ or ‘Christmas Party’.
Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thank you’ for their hard work during the year. An unintended consequence can be that employees behave badly or share uncomplimentary opinions about colleagues and managers that they have kept under wraps during the rest of the year.
The Christmas party (and partaking in a festive tipple) brings with it a heightened risk of behaviour that could be seen as unacceptable. The party will be seen as an extension of the work environment, which means that any incident will need to be dealt with as if it happened at work. In the past, we have advised on situations where staff members have complained of the conduct of others in both situations of sexual harassment and aggression. This means the risk of the employer being liable for discrimination and other claims is very much alive. This can also land you with grievances and damaged relationships.
Beware of talking promotion or pay rise with your staff at social events. In the past, an employer who regretted the offer of a pay rise made at a social gathering was held to be bound by the offer even though he tried to go back on this.
You may have a member of staff who does not wish to partake in Christmas celebrations. Employers should ensure that all staff no matter what their religious belief, are treated fairly in any rewards given to staff, but that any decision not to join in is respected.
Avoiding fallout from the work Christmas party
If you have concerns that behaviour may fall below acceptable standards, it is worth being clear to staff in advance that certain behaviours will not be tolerated. This could include reminding employees that the equalities policy still applies. Managers need to be onboard and model appropriate behaviour. If not, any subsequent disciplinary action could be challenged as inconsistent and unfair. One practical step is to task a manager with keeping a clear head and putting anyone in a taxi if behaviour may be getting out of hand. It is also worth reminding managers not to enter into discussion around pay rises or promotions because any unintended promises made, can result in problems later on.
In summary, you should ensure that:
- appropriate communication is sent prior to the party
- all staff are treated equally
- staff behaviour is monitored and tackled where necessary
- any complaint received is dealt with in line with normal procedures
How we can help
We have a wealth of experience in managing tricky situations involving difficult employee relationships. We can find practical solutions that minimise the risks to your business and the use of management time. For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey, Exmouth, Honiton, Sidmouth, Launceston, Axminster, Chard and Seaton.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
