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employmentlaw

At this time of year
employment lawyers
are often busy trying
to cure legal hangovers
caused at the office
Christmas party. Paul
Whitfield looks at some
of the common causes
and cures…

Office party hangover
Sexual Harassment
Without doubt this is the most common            tribunals have also found employers partially     aware of at least one case this Christmas
employment tribunal claim brought following      to blame for the misconduct of their own          where an employee’s tweets from the office
office parties. The combination of alcohol       employees when they have provided a free          party have led to their dismissal for gross
and a more relaxed environment can lead          bar and encouraged excessive drinking.            misconduct.
to inappropriate comments and behaviour.
We have also dealt with claims arising out       Good practice would be to always have non-        This is a very difficult area to police and
of inappropriate secret Santa gifts.             alcoholic drinks available and to have at least   again may be worth covering in either a
                                                 one manager present at the party to ensure        social media or social events policy.
employers will normally be liable for the        no-one overindulges to excess.                    Fox Whitfield is regulated by the Solicitors regulation
conduct of their employees during an office      employers should also consider providing          authority - roll number 524972
party. This also applies to harassment on        transportation to and from the venue or
the grounds of age, religion, disability, race   at least provide taxi firm numbers to avoid
and sexual orientation.                          the risk of any employees driving under the
                                                 influence of alcohol.
Prevention is better than cure. Without being
a humbug, it is worth reminding employees        If the party is a midweek party then it would
in advance of an office party what sort of       also be worthwhile reminding employees
conduct is acceptable. Many employers            that they are required to work the following
have a ‘social events policy’ setting out        day unless booked as holiday.
acceptable behaviour at such events.
                                                 Social Media
Alcohol                                          everybody these days has a camera or video
The safest but also the most unrealistic         camera on their mobile phone. Smartphones
policy would be to ban alcohol.                  mean employees can take photographs or
realistically, employers should be aware         video footage at an office party and have
of the risks involved in providing alcohol to    it uploaded to websites such as Facebook
their employees, and should consider limiting    or youTube within minutes. This combined
                                                                                                                 Paul Whitfield
the amount of free drinks. There have been       with alcohol can be a dangerous cocktail. a
                                                                                                      can be contacted on 0161 283 1276 or
cases in the past where an employer was          number of employment tribunal claims have
                                                                                                            paulw@foxwhitfield.com
found liable for facilitating the supply of      centred around unflattering pictures and
alcohol to underage employees. employment        videos and associated comments. We are
                                                                                                                    January/February 2012 l 1
The key, as with many things, is to bear in
mind the risks associated with such events
at the planning stage, and if necessary have a
policy in place and remind employees of that
policy in advance.

The team at Fox Whitfield have considerable
experience in dealing with these sorts of
hangovers but can also help you plan and
draft any necessary policies.

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Office Party Hangover Feb 2012

  • 1. employmentlaw At this time of year employment lawyers are often busy trying to cure legal hangovers caused at the office Christmas party. Paul Whitfield looks at some of the common causes and cures… Office party hangover Sexual Harassment Without doubt this is the most common tribunals have also found employers partially aware of at least one case this Christmas employment tribunal claim brought following to blame for the misconduct of their own where an employee’s tweets from the office office parties. The combination of alcohol employees when they have provided a free party have led to their dismissal for gross and a more relaxed environment can lead bar and encouraged excessive drinking. misconduct. to inappropriate comments and behaviour. We have also dealt with claims arising out Good practice would be to always have non- This is a very difficult area to police and of inappropriate secret Santa gifts. alcoholic drinks available and to have at least again may be worth covering in either a one manager present at the party to ensure social media or social events policy. employers will normally be liable for the no-one overindulges to excess. Fox Whitfield is regulated by the Solicitors regulation conduct of their employees during an office employers should also consider providing authority - roll number 524972 party. This also applies to harassment on transportation to and from the venue or the grounds of age, religion, disability, race at least provide taxi firm numbers to avoid and sexual orientation. the risk of any employees driving under the influence of alcohol. Prevention is better than cure. Without being a humbug, it is worth reminding employees If the party is a midweek party then it would in advance of an office party what sort of also be worthwhile reminding employees conduct is acceptable. Many employers that they are required to work the following have a ‘social events policy’ setting out day unless booked as holiday. acceptable behaviour at such events. Social Media Alcohol everybody these days has a camera or video The safest but also the most unrealistic camera on their mobile phone. Smartphones policy would be to ban alcohol. mean employees can take photographs or realistically, employers should be aware video footage at an office party and have of the risks involved in providing alcohol to it uploaded to websites such as Facebook their employees, and should consider limiting or youTube within minutes. This combined Paul Whitfield the amount of free drinks. There have been with alcohol can be a dangerous cocktail. a can be contacted on 0161 283 1276 or cases in the past where an employer was number of employment tribunal claims have paulw@foxwhitfield.com found liable for facilitating the supply of centred around unflattering pictures and alcohol to underage employees. employment videos and associated comments. We are January/February 2012 l 1
  • 2. The key, as with many things, is to bear in mind the risks associated with such events at the planning stage, and if necessary have a policy in place and remind employees of that policy in advance. The team at Fox Whitfield have considerable experience in dealing with these sorts of hangovers but can also help you plan and draft any necessary policies.