Most workplaces will have some form of event to celebrate the festive season but make sure from a company perspective it is a merry but “Claim Free” Christmas.
After all we really want Santa to bring us Christmas presents and not employment tribunal claims from employees.
The Christmas period can be an enjoyable time for employees in the workplace with social events, heightened spirits and a slowdown in the pace of work. Work Christmas parties are a good way to boost staff morale and make employees feel appreciated. However, make sure you take precautions to ensure your Christmas is “Claim Free”.
Here are a few thoughts from the CoLaw Employment Law Team to help keep you claim free:
Alcohol
This has to be one of the most serious considerations. The right decision is not to allow any alcohol however this may not go down to well with your staff.
If you decide to allow alcohol then be aware of the risks and consider limiting the number of free drinks. Also be prepared to send an employee home if their conduct gets out of hand.
Always remember you are responsible for your employees actions that also may cover situations after they leave the party to go home.
Discrimination
Religion
Be careful not to discriminate against non-christian staff
Disability
Make the venue accessible and not put disabled employees at a disadvantage.
Sex and Age
Be aware of any banter that may go beyond a joke for an individual. It could potentially be discriminatory if it singles particular characteristics.
Harassment
Be aware of sexual harassment and unwanted conduct. Employers are liable for any discriminatory actions of its employees
Policies
Ensure up to date equal opportunities and anti-harassment policies are in place.
You may also want to consider implementing a “Conduct whilst on Company Business Policy” to cover you specifically for this type of social event.
You need this documentation in place to protect your organisation and the CoLaw Employment Law consultants team will draft these for you.
Monitoring
Designate certain senior staff to monitor events
Health & Safety
Companies should take steps to ensure the party does not present Health & Safety risks eg hazards at the party and consider how employees are getting home ie use of public transport and taxis.
If employees drink alcohol at a company event either on your premises or advisably at another venue you are responsible for them so ensure staff that drink do not drive home.
The Morning after…
Consider how to deal with employees who are absent. Make it clear before that you are entitled to treat the unauthorised absence as a disciplinary matter.
Warn employees beforehand that if they are absent from work without good reason, this will be treated as a disciplinary issue in much the same way as other types of unauthorised absence. However, it is more likely that an employee will phone in sick rather than simply failing to attend work. While an employer might suspect that an employee is malingering or hung over, it is important to clarify the reason for the employee's non-attendance before acting against them. Clearly, if an employer has evidence to suggest the employee is not genuinely sick, they may treat the absence as a disciplinary matter.
However, unfortunately, mere suspicion based on circumstantial evidence is not enough.
And Finally
It is important to ensure that all employees are treated consistently to reduce the risk of any potential claims for discrimination or constructive unfair dismissal.
Consult the CoLaw Employment Law Consultants team to help you ensure that you do have a “Claim Free” Christmas