News

As the Christmas party looms, it is time for the seasonal ‘let’s have fun, responsibly’ message.

Each year the festive season brings with it a relaxation of the usual work protocols and an expectation of some fun to be had. Whether that is in the form of a Christmas party or in the form of increasing email banter or, something I have seen in alarming form this year, annual awards giving dubious honours to unsuspecting employees.

Unfortunately, one person’s idea of fun is not always shared by others and, even where the fun is taking place off work premises and/or out of work hours it is important to remember that it is still an extension of the working environment.

In a recent Employment Appeal Tribunal case, MBNA Ltd v Jones, two employees were involved in a fight at their work Christmas party. Jones was dismissed for punching a colleague and claimed unfair dismissal on the basis that his colleague was not also dismissed. The EAT concluded that his dismissal was fair and that it was reasonable to treat his colleague differently (by giving him a final warning instead of dismissing him) because although the colleague had sent threatening text messages he had not thrown a punch.

Of course, employees can go off the rails at any time of year and I have in the past reported on cases where a female employee has bitten a male employee’s bottom, a female nurse has straddled a male patient, and a male employee has taken the time out to cycle into work out of hours and punch his boss.

However, with the involvement of alcohol and Christmas jumpers the chances of inappropriate behaviour seems all the more likely. Whether this is a fight, an unwanted flirtation or advance, or just a terrible sense of humour.

And so, if you want to try and avoid the morning after the night before feeling, you might wish to send out a reminder to your staff of the need to behave courteously towards one another and remember that although it is party season they are, after all, still at work.

Now go and let your hair down! Just not too much.

Have a lovely Christmas.

Best wishes

Kate

Contact Kate on 01484 821309 or at katebooth@eatonsmith.co.uk