The Hidden Dangers for Employers at Christmas

www.hillyermckeown.co.uk

The Hidden Dangers For Employers at

ChristmasDeeside Leisure Centre

28th November 2013


Our Speakers

Rachel is a Solicitor in our experienced Employment Law Team. She has extensive experience in advising and acting for a diverse range of companies on Tribunal claims, general HR issues such as disciplinaries, grievances, discrimination, redundancy (collective and individual), TUPE issues and industrial relations.

Justine is Head of the Employment Law Team. She has extensive expertise in all areas of employment law, including executive appointments and terminations, drafting of contracts of employment and handbooks, all aspects of business change projects, long term sickness, performance and capability, and discrimination issues.


Work-Related Social Occassions

• Christmas parties – what’s the catch?

• Secret Santa – what do I need to watch out for?

• After work events – how can an employer be liable for an employee’s misconduct?


Christmas Parties

• Promise of improved benefits e.g. Christmas Bonus The manager did not intend to enter into a

legally binding agreement BUT other cases may not follow this precedent


Christmas Parties

Employer can be held liable for actions which occur outside of working hours

•The cost of “Good natured” comments e.g. “great cleavage” and “great baps” Settlement cost the firm £1million


Christmas Parties

Can an employer be held liable for actions which occur outside of an organised work event?

• Harassment in a taxi home after a work’s organised party “a continuation of the same course of conduct”

•Assault whilst walking home after a Christmas party events were sufficiently closely connected to work


Christmas Parties

Post Christmas gossip

• Employee seen kissing a colleague and going to hotel room and later became pregnant Gossip following the party at work amounted to “sex discrimination and pregnancy related discrimination”


Secret Santa

Any hidden catches?• Certain “gifts” can cause offence or upset within

a team – no control over what gifts are bought


Deduction of Wages

Q. Can an employer deduct wages if an employee does not attend the Christmas party?

A. Yes – if the Christmas party is held within working hours and the employee would otherwise be expected to work


After-Work Events

•Sexual harassment by an off duty police officer colleague at the pub as well as a leaving partyHeld to be within the course of employment


After-Work Events

Contrast to:• Violence and racial insults at a family day out organised by employer

held to be outside the course of employment- day at a public theme park

- outside working hours- most participants were friends and family


After-Work Events

BUT:Decision overturned•harassment in the car held to be a continuation of the same conduct•conduct was a continuation of harassment which had occurred in work and continued at a work related event (Christmas party)


Top Tips

• Forewarn managers of the implication of promises

• Forewarn all employees that misconduct could amount to disciplinary action

• Secret Santa gifts not to be offensive

• Manage any post Christmas investigations/gossip


Thank youAny questions?

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The Hidden Dangers for Employers at Christmas

Documents

Transcript of The Hidden Dangers for Employers at Christmas