Sarah Buxton explains how to protect yourself from being on the wrong side of ‘merry’ this Christmas.
Christmas parties are great for morale, and they really do create memories for the team that bind them together and help with retention.
It offers an opportunity to dress up, maybe enjoy a nice meal and even socialise with a few drinks. It can be a fun way of saying thank you to the team for all their hard work.
Christmas parties are usually full of festive cheer, but when things go wrong they can be the source of all sorts of problems, such as sexual discrimination claims, post-party absenteeism, inappropriate social media posts, arguments and brawls. So, how can you ensure these issues are avoided and the Christmas bash remains a positive experience?
Consider everyone
The first point to consider is forgetting about team members. This may appear to be bizarre and you’re probably questioning how one can forget to invite a team member. But all of the team should be invited to the Christmas party, even those who are on maternity/paternity/shared parental or adoption leave and sick leave.
It should not be compulsory to attend, and caution should be taken not to pressurise those of non-Christian faiths. It is also important to ensure that there are non-alcoholic drinks available, and if the party involves food, that a vegetarian and or vegan option should be made available. You should also consider any dietary requirements.
Vicarious liability
The Christmas party is an extension of the working day, so an employer is still responsible for their employees at the Christmas party. An employer is vicariously liable for the actions of its team members.
With alcohol flowing, issues can occur such as an uninvited kiss, grope or a lewd comment. If allegations of such things are made, an employer should follow its disciplinary process and ensure the matter is thoroughly investigated.
Even if the alleged victim does not make a formal complaint, as an employer you may be under a duty to ensure there are consequences to inappropriate behaviour.
Social media
Social media needs to be considered and how you would like your brand to be promoted on the various social media platforms. You may need to remind your team members that the Christmas party is still in the course of employment and you do not wish for social media posts to be made without the practice manager’s authority.
Don’t forget patients, suppliers and potential recruits may be able to see social media posts so it’s important that the posts that are made remain professional and market your practice in the way you desire.
Getting home
After the party is over, it is the employer’s responsibility to ensure that all employees get home safe and sound. This doesn’t necessarily mean that transport needs to be provided, but they should know how the team member is getting home.
Further, the employer is responsible for the actions of staff while they are getting home. In 2012, an employee punched a colleague while walking home after a Christmas party. The employer dismissed the employee for gross misconduct.
The employee made a claim to the employment tribunal and tried to argue that the incident did not occur in work time and therefore was outside of his employment. The employment tribunal stated that the two employees were walking home together as a result of the Christmas party, which was in the course of employment.
The next day…
If people are intending to enjoy a drink or two and extend the party late into the night, there is a possibility that it could impact their attendance at work the following day.
If the practice is open the day after the Christmas party, then all members of staff should be aware of their responsibility to attend, and be in a fit and appropriate state to work. Any absence related to over-indulgence could be treated as a matter of misconduct.
Party policy
The Worker Protection Act came into force on 26 October this year. This put an additional duty on employers to take preventive action to ensure their team members are protected from sexual harassment, not only from other team members and third parties.
Again due to drink and being in a relaxed, informal environment, the Christmas party will be an event where the employer is at risk of a claim being made. Therefore, if practices haven’t done so already, they need to turn their attention to this piece of legislation and ensure they have put preventive measures in place, such as training, complaint logs, surveys, and policies.
All dental practices should have a Christmas party policy in place, making it clear what their responsibilities are and that the team are still representing the practice. If a claim arises because of or in conjunction with the Christmas party, it will be really difficult for a practice owner to defend such a claim without a policy, and equality and diversity training.
At Buxton Coates Solicitors we provide both, so before you have your Christmas party, please get in contact with us to discuss how you can protect yourself from being on the wrong side of merry.
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