What did we get up to last month?
As the year comes to an end we welcomed the last round of our very popular HR Breakfast Club Seminars for 2016 and, following a high number of requests, we decided to address the much anticipated issue of Brexit. We would like to thank everyone that attended and hope you found it informative and thought provoking and, importantly, we hope you enjoyed the Big Fat HR End of Year Quiz. Congratulations again go to those who scored the highest and won a bottle of our finest champagne!
I thought this would be a great opportunity, as the festive period approaches, to provide some guidance for employers dealing with Christmas parties in an attempt to minimise the HR issues that are all too often associated with them. Whilst it is a time to be merry and jolly, everything in moderation!
Here are our five top tips for employers dealing with Christmas parties:
- Policies and procedures – remind employees of the standards that are expected of them and, if applicable, refer them to any relevant staff handbook. It is worth reminding them that inappropriate behaviour will be addressed in the usual manner.
- Alcohol consumption – often excess drinking of alcohol is at the root of many issues that arise at Christmas parties including fighting and sexual harassment allegations. In an attempt to minimise the rise of over indulgence we would recommend that employers do not operate a free bar but limit the number of alcoholic drinks per person and ensure that there is a plentiful supply of non-alcoholic drinks available.
- Watcher/spotter – it is recommended that a senior member of staff is designated to deal with any issues that may arise throughout the night and also be on hand to keep an eye on employees who are drinking to excess.
- Transport – whilst employees should be advised not to drink and drive it is suggested that, in order to facilitate employees getting to and from the venue, the employer arrange taxis or buses to ensure they are returned home safely.
- Timing of party – it is recommended that when planning the Christmas party the employer give some consideration to when it is to take place. If the party takes place during the week, when the employee is required to attend work the following day, then there is a risk that the employee could be hungover the next day at work. Whilst this is not ideal in any working environment there are some industries, for example in the operation of heavy machinery, where this would not be acceptable and would result in disciplinary action. It may, therefore, be better to arrange the party for a Friday.
Having said all of that, I hope that you all have a wonderful and fun Christmas and I look forward to seeing you in the New Year!
Any new cases to be aware of?
Following on from our top tips above the case of Bellman v Northampton Recruitment Limited is very relevant to Christmas parties. This is a High Court case involving the assault on an employee by an employer's managing director after a Christmas party and the decision that the employer was not vicariously liable.
In brief, the background to this case is that the employer had arranged and organised a Christmas party inviting all of its employees and their partners. Following the party some of the guests and employees moved on to a hotel where they were staying and the drinking continued. There was an expectation that some of the cost of the drinks would be met by the employer. Whilst the conversation was on a social level, in the early hours of the morning it turned to work related matters and, in particular, a contentious matter. It was at this time that the managing director of the employer swore at the employee and punched him twice. The second blow rendered the employee unconscious, fractured his skill and left him with brain damage.
The question to be determined was whether the employer was vicariously liable for the assault? Had the managing director's actions been in the course of his employment?
The High Court concluded that the employer was not vicariously liable. It concluded that the drinks following on from the Christmas party was not part of the work Christmas party, regardless of the employer being expected to pay some or all of the drinks bill, and the discussion of work related matters (which had led to the lunch being made) did not mean the assault had taken place "in the course of employment".
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