Christmas parties and employment law
by Brad Askew, 14 December 2011
The Christmas period is a time when people let their hair down and drunken shenanigans abound, as everyone gets into the Christmas spirit involved in the jovial festivities that seem to erupt everywhere.
Unfortunately, due to the effects of inebriation (or “drunkenness”, as it is more commonly known), people tend to forget where they are and in some instances, the conduct that is expected of them.
There are certain places where people should be very cautious of their behaviour, and nowhere is this more relevant than at the annual workplace Christmas party.
Stories of people being fired or disciplined because of their conduct at workplace Christmas parties are plentiful and The Chartered Institute of Personnel and Development (CIPD) has found that one in ten workers know of a colleague who has been disciplined or sacked for unsuitable behaviour at a Christmas party.
Just because it is Christmas and people are drinking, this doesn’t mean that the rules that govern the workplace environment are left out in the cold. This may seem a bit unfair, especially when most workplaces offer alcoholic beverages to employees.
Alcohol makes people drunk, and being drunk leads the way to all kinds of mischief, especially its ability to make people say and do things that they otherwise wouldn’t when in a clean and sober state.
It’s a fine line between enjoying yourself at a Christmas party and unintentionally (or intentionally) offending colleagues or bosses and it is always important to remember that laws which govern discrimination in the workplace and other forms of conduct towards colleagues are still completely applicable, even during out of work hours or away from the actual workplace environment.
Being drunk is not going to be a valid excuse if an employee has been accused of harassing one of their work colleagues, but at the same time, it is integral that employers take precautions to stop this type of behaviour happening in the first place.
It is the employer’s responsibility to ensure the safety and health of their employees as well as monitoring their conduct towards one another so that things do not get out of hand.
No-one wants to lose their job because of a Christmas party. Just don’t get carried away, and don’t get tripped up by any other employment law traps.