As we all try to resume back to some normality after the pandemic, many businesses may now be thinking about bringing some cheer to the workplace by either hosting a Christmas party onsite or arranging a gathering at a restaurant.
With arranging such workplace gatherings, it does come with some responsibilities.
Disciplinary Procedures
Companies are encouraged to send out a memo to all their staff before the event reminding good sound professional behaviour and that any misconduct will be dealt with in line with their internal disciplinary procedures. The memo should also mention staff should dress appropriately and be respectful of all regardless of their background as detailed in the Equality Act 2010. Furthermore, staff are expected to attend work the next day (unless annual leave has been booked) and that all are expected to follow the company’s’ social media policy rules.
Employee Handbook
This is a good opportunity to advise employees to familiarise themselves with their employee handbook policies and procedures, particularly on misconduct matters. Any inappropriate behaviour such as excessive drunkenness, the use of illegal drugs, bullying and harassment, violence, serious verbal abuse, or assault of either another employee or a third party may lead to disciplinary action.
Employers have a duty of care and can be held vicariously liable for the acts of their employees even though they are not at their place of work. This is because events organised by the company become an extension of the workplace and any conduct that takes place during those events can be considered to be done ‘during the course of employment’ and this may extend to conduct before and after the event if there is a connection to the event arranged by the employer (Clive Bellman -v- Northampton Recruitment Limited 2018).
Employers owe their staff a duty of care under the Health and Safety at Work Act. This duty extends to functions organised by the company including Christmas parties. Employers can be held directly liable under common law if they do not take reasonable care of employees and their guests attending work parties.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
