
Employers Can Avoid a Festive Hangover
03 Dec 2018
Published in: Blog
As December hits and the staff Christmas party comes around again it can be an employers’ nightmare...
As December hits and the staff
Christmas party comes around again it can be an employers’ nightmare both
during and after the event – but not if your company is well-prepared.
That’s the message from John
Mehtam, the employment law specialist at Martin-Kaye Solicitors, who said there
were ways to avoid the dreaded personnel hangover following festive
celebrations.
“Christmas parties are
well-known for causing a festive headache, and not just for any staff who have one
too many to drink either.
“Statistics show that staff
parties at this time of year can be a minefield – with half of all parties
ending with work colleagues fighting; one in three parties brings allegations
of sexual harassment; and one in five parties ends with an accident involving
employees. And although traditionally parties take place away from the office
and out of hours, as an employer you could well be held liable, particularly if
alcohol has been provided.
“Make sure you have a clear
social media policy in place too, as embarrassing photographs of your staff or
managers in compromising situations where they can clearly be associated with
your company can cause irreparable damage to your company’s reputation.”
Mr Mehtam advised employers to
take note of a recent case where the Court of Appeal had ruled that a company
should be held liable when an employee launched a violent assault on a
colleague at a heavy drinking session straight after the firm’s Christmas
party.
“Originally the courts decided
this was a separate incident for which the employer was not responsible. The
row occurred after the company party when half the guests decided to go on to a
hotel where some were staying to continue drinking.
“The attack was triggered by a
work-related discussion, when the managing director felt his authority was
being challenged. The victim made a claim for damages against the company
saying it was vicariously liable for the managing director’s conduct, which was
initially unsuccessful as the court decided the drinks were separate from the
Christmas party itself and at a separate location.
“Now though, the Court of
Appeal has ruled that because the assailant owned the company and because the
gathering was a follow-on from an organised work event, with the company paying
for taxis and drink, they believe the company should be held vicariously
liable.
“So, it’s clear that employers need to be sensitive when it comes to handling the fallout from any staff Christmas celebration, otherwise they could face a very awkward atmosphere in the workplace in the cold light of day.”
This blog has been written by:
Martin-Kaye Solicitors
http://www.martinkaye.co.uk
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