December 16, 2010
Businesses have been warned to beware of ‘festive Friday’ discrimination claims.
At the end of this week most companies hold their annual Christmas party, but, according to experts many are leaving themselves open to employment law claims.
With Christmas Eve falling next Friday, 17 December is the last normal Friday before the yuletide break.
However, despite being a boost for morale and a good way to thank staff for their hard work over the year, employers do need to be aware of their duty of care to staff, particularly in light of the recent Equality Act.
Some bosses may find themselves defending claims from staff who experienced harassment, distress or even violence at the office do, drunken jokes or unwanted attention such as a kiss under the mistletoe can all cause tension between workers.
Even if a Christmas party is held out of working hours and away from the premises, in the eyes of the law it is an extension of office life meaning that a firm’s duty of care to staff still applies.
Businesses must handle any complaints in the same manner that they would handle any misconduct that happened inside of work time, by conducting a full investigation or issuing warnings where necessary.
Employers could even fall foul of equality laws as early as the party planning stage. Any aspiring hosts should be careful not to exclude older workers, possibly giving rise to age discrimination risks, or focus too much on drinking alcohol so workers of other religions whose faith does not permit such actions do not feel ostracised.
Staff should be allowed to have fun and celebrate but employers need to remember their responsibilities including ensuring staff get home safely and making it clear that drink driving is not acceptable.
