How to stay out of trouble at the office Christmas party this year – do’s and don’ts

‘Tis the season once again as companies start to wind down for the Christmas period, and gear up for the annual office party.

But, although having a drink, dancing and celebrating with your colleagues sounds like the perfect way to end the year, there are some risks you need to be aware of.

As drinks flow and employers and employees get merry for one final blowout, things can very easily get out of hand. Alcohol, a fun party atmosphere, time off work looming, and workplace dynamics can be a recipe for disaster if it goes wrong.

Workers should be aware that despite office parties being outside of work hours, and off-premises, these events are still considered as ‘work’. This means that the employers duty of care to employees does not change. Meanwhile, if things get out of hand involving an employee, this can result in investigations, grievances, disciplinary action or even dismissals.

Employees are advised that although the annual Christmas party is a chance to relax and let your hair down, there are legal risks associated with this period. We have rounded-up some examples where employees and employers have got themselves into bother.

Some examples include:

• An employee was dismissed for punching a colleague whilst they were walking home from their work Christmas party. The Tribunal held that although this took place after the party had ended it was sufficiently closely connected to work and therefore held the dismissal was fair (Gimson v Display By Design)
• Two employees had a fist fight at a Christmas party and a case was taken forward to Tribunal when the two were given different sanctions for the same offence. One was dismissed and one was given a final written warning (Westlake v ZSL London Zoo)

• An employee was dismissed for her conduct whilst at the Christmas party and this included racially and sexually offensive language and harassing a male colleague. The dismissal was held to be fair (Cordiner v Virgin Media Ltd)

• At the work Christmas party, a manager (who had of course been drinking alcohol) promised an employee that within two years to raise the employee’s salary to the same level as another employee. This would have amounted to a doubling salary for the employee in question. The increase did not happen and the employee filed a breach of contract claim. It was held that the ‘promise’ at the Christmas party did not amount to a variation of contract and was not intended to create a contractual commitment. (Judge v Crown Leisure Limited)

…and this unbelievably happens at law firms too!

• An employee was seen at a Christmas party kissing a colleague and thereafter going into a hotel room with him. A few weeks later, the employee informed the managing director that she was pregnant. This news led to gossip and speculation around the office as to who was the baby’s father. The employee eventually resigned and claimed constructive dismissal against her employer (Nixon v Ross Coates Solicitors)
• In 2019, Plexus Law suspended two employees over claims that a dozen female staff were groped at their Christmas party. One had her breasts groped and another was told by an older married member of staff: “the things I could do to you”. There was allegedly unwanted sexual touching of a woman’s breasts, unwanted sexual touching of a number of women’s buttocks, kissing of their necks and other body parts.

The joys of social media means that any incident can be quickly documented and distributed and what may have seemed like a harmless bit of fun at the time, can result in a career ending mistake – it is simply not worth it and if you feel like something is a little risqué at the time, it probably is!

Christmas Party etiquette – how to stay out of trouble

• Behaviour – It is important to remain professional and respectful at the Christmas party, despite being out of the office and in a different setting. Try not to forget that you will be returning to work with your colleagues where you will want to be seen in a positive light in a few weeks.
• Promises – Avoid promising colleagues promotions or pay rises while under the influence. As alcohol can loosen tongues, employees might be tempted to ask their managers about these topics in an informal setting – but you should avoid discussing these work-related matters to avoid giving informal promises.
• Alcohol – Although you might have a couple of drinks at the Christmas party, know your limits. The free open bar might seem very tempting on the night, but not when you need to return to work the next morning.
• Absences – Make sure colleagues know the rules around returning to work if they are due in the next day. Remind them they need to book the day off if they are going to be absent after the party.
• Relationships – Although the Christmas party is a great way to strengthen your relationships with colleagues, don’t make the mistake of taking this a step further with a colleague. This could put you in an awkward situation in the workplace when you return in the new year!

From all of us at Oakwood Solicitors, if you are attending/hosting a Christmas party we hope you have an incredible (but sensible) time.

Most importantly, Merry Christmas and a Happy New Year!

Further reading

Grievances – Oakwood Solicitors

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