With the commencement of the season's celebrations, it is apt to consider employers liability arising out of employee's conduct at the office party, particularly so when the Dignity at Work Bill 2001 is currently being considered by the House of Lords. This Bill will prohibit "harassment, bullying and any conduct which causes the employee to be alarmed or distressed"and is hoped to be implemented in Northern Ireland next year.
The festivities bring together work colleagues and clients and it is all too easy to forget the boundaries between work and play. For some, the office parties are a sobering affair as employees are only too aware that bosses are lurking in the background. Employees may also be on their best behaviour so as to avoid the yearlong jibes from fellow employees. However, for others, the free-flowing alcohol is too hard to resist.
Employers should be aware that they will still be liable for the employees' actions even if the party occurs outside normal working hours and is not on work premises. Employers may find themselves having to discipline employees for inappropriate action during the party such as fighting, verbal abuse or damage to property. More seriously, employers may also be liable for sexual harassment claims for inadvertent/ inappropriate jokes made that others found offensive.
There are often high levels of publicity surrounding harassment claims. Recent high profile claims included: Jim Hodgkinson who was dismissed from Head of Fashion at New Look for patting an employee on the bottom; the Chief Constable of Lincolnshire Police who was held liable for sexual discrimination of a female employee by a Police Officer who harassed her outside of work at a leaving do held in the local pub; or the Swansea University Lecturer who resigned pending an investigation into complaints regarding his mildly sexual jokes made at the Christmas party.
Prudent employers will remind employees in advance that disciplinary rules and policies still apply during the office party in relation to any unacceptable behaviour. Managers should be asked to step in to ensure that matters do not get out of hand. However, viewed positively, the Christmas party can be a good opportunity to network and strengthen relations between clients and fellow workmates. So relax and enjoy the festivities within the boundaries of reasonableness!