Employment Law at Christmas Parties

Jan 1, 2010

By now, most rational individuals will be bracing themselves for the onslaught of the media Christmas blitz offering ‘massive reductions on all beds and sofas with delivery available in time for Christmas,’ but warning that ‘this sale must end Friday’ and will never, ever, ever be repeated in our lifetime or that of our kids or grandkids and most certainly not until boxing day!

Attempts will be made to seduce us into believing that Christmas would not be the same without another compilation album from Sir Cliff Richard or Robson and Green warbling suffocating Christmas carols from a bygone era, or that this years “101 goalkeeping gaffs” produced by a middle aged, pot bellied ex-professional footballer with a haircut only his mother could love is a ‘must have’ for all the family. And, before all the excitement is over, there is the Christmas office party. Here momentous dialogue will be had about next years profit and loss accounts, the ineptitude of senior management, future business needs and whether the fit bird in accounts actually wears a bra or not.

Typical office party banter between the lads or sexual discrimination?

‘It was outside office hours and in a pub’ I hear you cry in sincere defence of your slightly tipsy rhetoric, ‘I didn’t mean to upset the MD‘s wife when I fondled her derriere on its majestic passage to the loo’. Sorry guys, intentions are irrelevant.

What is important is the perception of the ‘victim’ of the fondling or banter. If the dignity of an individual, or a third party, is offended by your behaviour and, even though the incident took place away from your place of work, you may still be disciplined under your company’s internal procedures for misconduct but, more importantly, you could be taken to a tribunal accused of sex discrimination. More worryingly for the boss, he too may be liable to be sued even though he knew nothing of your acts as he is likely to be vicariously liable (no fault liability). Damages awarded to claimants for sex discrimination are unlimited and have been known to exceed £1,000,000 (one million pound). Both employer and employee should be aware that the ‘silly season’ is upon us in all its glory and that sexist behaviour, inside and outside the workplace, can lead to dismissal, damages and expensive legal costs.

Have a very Merry Christmas (bah humbug)!

The Howarth Partnership Ltd
Beckshaw House
Law Street
Cleckheaton
Tel: 01274 864999
Fax: 01274 865100
Email: info@howarthpartnership.co.uk
Website: www.howarthpartnership.co.uk