Weekly Employment Update - 21st December 2011

Welcome to Ashfords' Weekly Employment Update, where each week we consider recent developments in Employment and HR issues. This week, we continue our consideration of how employers can help to avoid festive parties resulting in conflicts and tribunal claims.

In last week's Employment Update, we considered the risks for employers when holding Christmas parties and the steps they can take to reduce the likelihood of discrimination and harassment claims and alcohol-related incidents.

This week, we explain some of the issues to take into account when choosing the venue for the party, and how employers can deal with certain problems that can arise following the event.

Choosing a venue

Employers are under a duty to make reasonable adjustments for disabled employees.  If the party is not being held in the office, employers should therefore check that the venue is accessible for staff with disabilities and has all the other facilities that such employees require.  

If the party is taking place at the workplace, employers need to think about any health and safety issues that may arise.  They may wish to consider closing off certain parts of the workplace where it could be dangerous for employees to eat or consume alcohol.

Employers should also consider how employees will travel home after the party.  They may wish to remind staff not to drive home after drinking, and provide alternative options, such as a minibus or the numbers of local taxi companies.

The morning after

If employees will be required to work the following day, employers should make it clear that failing to attend work, or attending late or still intoxicated, may result in disciplinary action.

Any suspicious absences should be properly investigated, including giving the employee an opportunity to explain his or her side of the story.   Disciplining or dismissing an employee on the basis of an unconfirmed suspicion may well result in an unfair dismissal claim.

If the Christmas event is at lunch time employers should make it clear whether employees are expected to return to the office and, if they are, advise that they do not drink too much alcohol.   

Grievances

If an employee does have a grievance about something that happened at the party this should be taken seriously and investigated properly, ideally following the employer's grievance policy.  Effectively resolving grievances internally reduces the risk of any formal claims.

If the grievance relates to another employee, that employee should be given a chance to respond to the allegations at a meeting and to have the right to appeal the outcome of that meeting.

Ashfords LLP is Authorised and Regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.