I’m a legal expert, here’s the five things you should never do at the work Xmas party, one could see you fined £1,000
Everybody likes to let their hair down at the office Christmas party.
It's a time to unwind, celebrate and often share a few drinks to toast the festive period.
But sometimes issues crop up once the mulled wine starts flowing and people find some liquid courage.
A study by The Chartered Institute of Personnel and Development (CIPD) found that one in ten workers knows someone facing dismissal or disciplinary action following their behaviour at a company Christmas party.
With this in mind, Employment lawyers at Weightmans have detailed their recommendations for the Season so employees and employers can enjoy the festivities while maintaining boundaries and being accountable.
Here's the law firm's top tips.
Drinking During Work Hours
In the UK, drinking during work hours is generally prohibited by employers and can result in disciplinary action if disciplinary rules are breached.
While there are no specific employment laws against drinking at work, employers enforce these rules to ensure a safe and productive environment and to mitigate discrimination risk.
In serious cases, consuming alcohol during work hours in breach of policies can lead to warnings, suspensions, or even termination.
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To ensure neither employer nor employee gets into trouble, employers should detail their expectations around the festive period to ensure clarity and maintain productivity.
Drinking Before Working the Next Day
Many Christmas parties are held on midweek days.
In fact, Thursdays are now the most popular day of the week for corporate Christmas parties, so it’s important to be aware of the consequences of a heavy night of drinking the morning after.
Travelling to or arriving at work under the influence or contrary to an employer’s rules can have severe consequences. This is particularly true for jobs involving the operation of machinery, driving, or ensuring safety.
Drinking to Excess
Alcohol-fuelled decisions can lead to unprofessional or even harmful actions.
From offensive jokes to physical altercations, excessive drinking is a common factor in incidents that result in disciplinary action.
While employers should allow employees to relax, providing non-alcoholic alternatives and limiting free alcohol can help avoid problems.
Under the Health and Safety at Work Act 1974, employers have a duty of care towards their employees. If an employee is injured due to overconsumption of alcohol at a work-sanctioned event, the employer could be held liable.
Making Inappropriate Comments or Advances
What might seem like harmless banter to one person can easily be perceived as harassment by another.
Compliments, jokes, or flirtatious behaviour can cross lines, especially in a professional context.
Christmas parties should be a time of celebration for all, regardless of faith, culture, or personal preferences.
Organising events that revolve solely around alcohol or Christian traditions may alienate some employees.
The Equality Act 2010 protects employees from harassment based on protected characteristics such as gender, race, age, or sexual orientation.
Calling in Sick
According to Benefits and Pensions Monitor figures from 2022, businesses experienced a 61 per cent increase in sickness rates following one of the most popular days for corporate Christmas festivities.
This year it's expected to see similar figures as party goers take advantage of open bars and festivities.
Managing absenteeism is incredibly important. Whether an employee is off for a day or a week, this absence is likely to put pressure not only on the employee's workload but also on the team and wider management.
Employers should communicate that unauthorised absences are unacceptable and may result in disciplinary action.
Inappropriate Conduct Outside the Office
Being caught drunk or acting inappropriately in the street by the police can result in a fixed penalty notice and even lead to your being arrested.
There's up to £80 for a fixed penalty notice for being drunk and disorderly. More serious cases can be prosecuted in court, with fines up to £1,000.
Also, while it’s a quick way to skip the toilet queues on a busy night or being caught short on your way home, next time you think about public urination - maybe take time to reconsider.
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Urinating in public is considered an act of public nuisance and is illegal. Offenders can be fined under local bylaws or receive penalties under the Public Health Act 1936 with up to £100 for a fixed penalty notice.
The temptation to pre-drink while on the way to meet friends or to finish off a beer on the way home is high during the festive period but thus can lead to a £100 fine and breach of Public Space Protection Orders.