Employment law and the festive season
With Christmas upon us, this article looks at some of the risks associated with office parties, all of which, unfortunately, have the potential to leave employers open to a range of claims caused by the behaviour of their employees. As American comedienne Phyllis Diller once remarked, “What I don't like about office Christmas parties is looking for a job the next day.”
The law surrounding social activities of employees is not as straightforward as many employers would like to believe. The general perception is that an employer’s responsibility for the actions of its employees ends when they leave their workplace at the end of the working day. There are, however, occasions when after-work socialising can be considered to be within the course of employment and that, as a result, employers may be liable for employees’ misconduct at such functions.
Anti-discrimination legislation, since October 2010 contained in the Equality Act 2010, makes an employer liable for acts of employees, where those acts are deemed to be in the course of the employees’ employment. It does not matter that an employee may be doing something of which the employer is not aware, or that the employer has not sanctioned. Whilst it may seem strange to say that an office party is part of someone’s employment, legally it can be seen as being a continuation of the working surroundings, with the same risks to employers arising from employees’ actions as there would be if they had occurred in the workplace.
Accordingly, harassment at an office party or after work drinks can be treated in the same way as it would if it took place in the office or workplace. In practice, if an employee is the subject of harassment from another employee in the course of his or her employment, or at a social event organised by, approved, or in some other way endorsed by the employer, then the employee suffering from harassment may well have the right to bring a claim for discrimination against the employer.
Employers can attempt to protect themselves against such claims by ensuring that all employees are made aware that any form of discrimination (or other unacceptable conduct) will not be tolerated, either within the workplace, or at work-related social events. This can be done in many ways, from producing policy documents, which explain in the clearest terms what the employer’s attitude is towards such matters, to organising appropriate training, raising awareness of such a policy, and reminders before the party season begins.
Author: Neil Emery
Published: 14 December 2011