The festive season is upon us, and employers and employees will be turning their attention to the event with extra anticipation after the pandemic disruption. Although this is a festive and jolly occasion, it can be ruined due to excessive consumption of alcohol, unruly behaviour, damage, and violence. For this reason, employers need to be reminded of their duties. Employers have a duty of care and can be held vicariously liable for such conduct. Events organised by employers became an extension of the workplace, and conduct that takes place at these events can be considered "during the course of employment."
What should employers do?
Companies are advised to remind staff that they are attending a company-organised event and are therefore representing the employer. They are expected to behave in a reasonable, sound, and professional manner. Misconduct and unruly behaviour will not be accepted and will be dealt with under the company’s disciplinary procedures. Staff should be reminded to familiarise themselves with the misconduct policies and procedures dealing with drink, alcohol, bullying, harassment, violence, etc. towards colleagues and third parties.
Employers have a duty of care towards all staff under the Health and Safety at Work Act of 1974. This duty extends to events organised by the employer, who can be held liable for failing to take reasonable steps to safeguard their safety.
Points to consider;
- All employees, including those on sick leave, maternity leave, and paternity leave, should be invited.
- Remind staff to read the handbook, in particular the misconduct section, with specific advice to conduct themselves reasonably and professionally and an unequivocal warning that misconduct towards colleagues and third parties will be dealt with seriously under the disciplinary procedures.
It would also be advisable to forewarn staff that post-party absenteeism and hangovers will be unacceptable reasons for absence.
- For those consuming alcohol, a reminder to avoid driving. Employers could attempt to restrict the availability, sale and consumption of alcohol.
- . Employers can consider making transportation arrangements such as hiring vans or taxis, making it clear they will be responsible for the costs.
- Where employers are requiring a particular dress code, care should be taken to ensure this is not discriminatory due to religion or belief.
- Employers can appoint a designated person to monitor and deal with incidents if/when they arise. This can diffuse a situation and avoid an impact.
- With social networking sites, staff may post comments or photos of the event. Employees must be mindful of individual privacy rights and the reputation of the business.
While this is a happy occasion, things can go wrong. Prior consultations and advice can go a long way toward ensuring the event goes smoothly for the benefit of all. This article is not intended to be exhaustive, but rather to serve as a guide. Should you require professional advice, you are advised to call the Helpline on 0116 274 9194.
