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Tis the Season for Bah! Humbug! - Answers to Get Employers Through the Perils of Christmas
Tis the Season for Bah! Humbug! - Answers to Get Employers Through the Perils of Christmas
Could it be discriminatory on religious grounds to put up Christmas decorations?
The law doesn't forbid the putting up of Christmas decorations. Most decorations are not
expressly religious (such as trees, lights and tinsel), so they are unlikely to cause
offence to non-Christians. Where employees want to put up decorations in the workplace,
provide some guidance and ensure they are tasteful. Avoid mistletoe!
Can I hold a Christmas party if I have employees who belong to other faiths?
Yes. While a non-Christian employee might suggest that the office party discriminates
against them as their own religious festival is not celebrated, it's not really likely to
find favour with an employment tribunal, especially if the event is a thank you to staff for
their efforts over the past year, rather than a religious celebration.
What do I need to consider when planning the office party?
Don't insist that all staff attend the Christmas party. Some non-Christian staff may not
want to attend on religious grounds. If the event is out of working hours, many people have
family responsibilities that may prevent or make attendance difficult. Remember to invite
employees who may be away from the office on absences such as sick leave, maternity leave orsecondment.
Before the party starts, make sure that your staff know that if they breach the rules of
appropriate behaviour or they fail to turn up to work next day, or if they come back to the
office after lunch worse for wear, that disciplinary action could be taken.
Check the venue, theme, menu and date of the party to take different religious groups into
account. Alcohol-fuelled parties may offend Muslims and Friday nights may cause a problemfor Orthodox Jews. Think about the food and drink on offer to ensure all of your staff arecatered for.
Include everyone in the festivities by playing music that will suit all and ensure that your
entertainment takes account of all ages, races and religions.
Strike the right balance right between allowing employees to relax and have a good time, butnot allowing the Christmas party to degenerate to a drunken riot. You have a duty to takereasonable care of employees and can be liable for their wrongful acts in thesecircumstances. The most common complains are harassment, usually on grounds of sex andassault. In these circumstances, you will have to explore the complaints through thedisciplinary process and the usual sanctions will apply.
Limit the number of free alcoholic drinks by advising what the number of free drinks per
individual will be beforehand and informing all those attending. Make sure that there are
plenty of soft drinks and ask people to stop drinking if they appear to be drunk.
Alcohol makes people say and do silly things. In one case an employee claimed that, duringa chat at the firm's Christmas party, his boss had promised that within a couple of years hewould be put on the same salary as another colleague who earned twice as much as him. Theemployee later resigned and claimed constructive dismissal on the grounds that his employerhad broken his contractual promise. On this occasion, the tribunal found in favour of theemployer, saying that the context of the conversation indicated that the employer did notintend to enter into any legally binding contractual commitment. A promise made at aChristmas party may still amount to a binding contractual agreement, depending on thecircumstances, so the employer was lucky to have won the case.
If a member of your staff has clearly drunk too much and plans to drive home, you shouldtake responsibility as part of your duty of care to your employees. So you'll have toprevent him doing so. Consider ending the party before public transport stops running, ormake arrangements to ensure that employees can get home safely.
Most companies tend to adopt the use of Secret Santa gifts now. Provide guidelines forgifts and ban suggestive gifts as they are the most likely to cause complaints. If SecretSanta is going to be on the agenda, don't make assumptions about who may, or may not, joinin. Aside from religious claims, missing someone out could lead to a range of complaintsfrom bullying and harassment, through to claims of discrimination on the grounds of race,sex, sexual orientation, age, religion or religious belief.
If your employees attend parties organised by clients or customers, ensure they are aware ofthe standards of behaviour expected of them, and that despite the fact it is a party, they are attending as a representative of their employer.
How should I deal with any complaints arising from the office party?
Be prepared by ensuring your anti-discrimination, and bullying and harassment policies areup to date. Remember, these policies still apply at the office party, and if needs be,bring them to the attention of your employees beforehand.
Employees may say that the comments or actions of colleagues at the office party have upsetthem. You can be vicariously liable for actions of employees at these events and victimscould bring harassment claims, so take any complaints made seriously.
If grievances are raised, or disciplinary action is required as a result of incidents duringthe festive season, follow proper procedures and take all grievances and disciplinarymatters seriously.
Investigate any complaints, interview witnesses, meet with the employee to discuss theircomplaint and write to them to explain your conclusions. If the complaint is upheld, youmay need to take disciplinary action against the offender.
What do I do when employees ring in sick the morning after the office party?
The Christmas party is often held in the middle of the week, so employees are expected to bein work the next day. On other occasions, the Christmas party is held at lunchtime, andpeople may be late back and/or tiddly on their return.
Be clear and consistent on what is and is not acceptable and the circumstances in which thedisciplinary procedure will be invoked. If you have reason to suspect an employee whophones in sick is actually off through over-indulgence, you can carry out an investigationand discipline if appropriate.
I've paid a discretionary Christmas bonus for the past 15 years but can't afford to pay itthis year due to the credit crunch. Is this okay?
Even if the bonus is discretionary, employees may argue that it's become contractual throughcustom and practice. Think carefully about the decision not to pay and explain your reasonsto employees with a view to reaching an agreed solution.
If you have any queries call us for advice!
Russell HR Consulting provides expert knowledge in the practical application of employmentlaw as well as providing employment law training and HR support services. For moreinformation, visit our website at http://www.russellhrconsulting.co.uk/.
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