Following Remembrance Day, we were all reminded of the brave men and women who have selflessly served our country, and for me personally, my wonderful Grandad.

This painting of Grandad, by my very talented uncle (Grandad’s son Steve) takes pride of place at home and is a reminder every day of what a wonderful man he was and his sacrifice and service. Although he is no longer with us, his memory lives on in the hearts of his children, grandchildren and great grandchildren.

At the time of World War Two, Grandad, like many young men was only 17 years old and lied about his age to get in the army and serve his country. We remember the sacrifices they made, the hardships he endured, and the courage they displayed in the face of adversity.

Grandad, we salute you and thank you for your dedication, service and love.

Lest we Forget. 

Grandad loved a good old knees up, I think he would be disappointed at the potential decline of work Christmas celebrations!

Accountability Beyond the Office – Who’s on the Naughty List?

Another concern for businesses hosting corporate Christmas parties is the potential legal implications arising from their people’s actions at these events.

Even though these parties typically occur outside of regular working hours, employers may still find themselves being held liable for incidents involving their people and that are deemed as taking place “in the course of employment”.

In some cases, courts have found employers responsible for employee misconduct at company parties, including incidents of harassment, assault and property damage. As businesses weigh up the risks associated with festive fun, many have opted to forgo the traditional Christmas party altogether, choosing instead to invest in less risky methods of celebrating or not celebrating at all!

Christmas Party Related Case Law

Livesey -v- Parker Merchanting Limited delved into the remit of “in the course of employment”

The Facts:

Miss Livesey filed a complaint with the Employment Tribunal alleging unfair dismissal and sex discrimination. Livesey had taken sick leave due to alleged sexual harassment in the workplace. This harassment by Mr Newton took place in a car journey on the way home from a work Christmas party.

 The Judgement:

 It was found that whilst Mr Newton’s actions amounted to sexual harassment, it was initially dismissed finding that that this was not in the course of employment.

This decision was later overturned concluding that the events at the Christmas party and those afterwards were within the course of employment.  

The employers were found liable for Mr Newton’s actions.

Bellman v Northampton Recruitment Ltd tested whether an act fell within the “field of activities” assigned to an employee.

The Facts:

After a Northampton Recruitment Christmas party, a group of employees carried on the party, drinking together in a nearby expensed hotel. During the early hours an argument started between the managing director and an employee, Mr Bellman, when he voiced his opinion on some decisions made by the managing director.

The managing director punched the employee multiple times resulting in brain injury.

The employee sued Northampton Recruitment for being liable for the assault inflicted by the managing director.

Judgement:

The court held that the company was liable for the misconduct of the managing director as there was a sufficient connection between the attack by the managing director and his field of activities.

Alternative (nightmare free) Ways to Celebrate with your People

Although the traditional Christmas party may be on its way out, there are still plenty of ways for companies to celebrate the season and bring employees together. Some ideas could include:

 Smaller, more intimate (less risky) team gatherings

 Virtual events, such as online games night or virtual cocktail hours

 Focusing on other initiatives such a volunteering or team building

 Providing your people with additional time off for the festive season such a “Christmas shopping day” as a token of appreciation.

Or even better, why not ask your people what they would prefer!

 

What would be your perfect Christmas party?

Disclaimer:  Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or publisher.  If you are unsure about how this information applies to your specific situation, please seek expert/legal advice.