Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawDiscipline

Christmas parties

by Personnel Today 15 Nov 2005
by Personnel Today 15 Nov 2005

Can we discipline an employee for being drunk at the Christmas party?

Expecting staff to remain sober, particularly if the employer is providing some or all of the drinks, may be unreasonable. If proposing to dismiss a drunken employee, it must be shown that genuine business interests were threatened by their behaviour, and that adequate investigations were conducted. Whether the dismissal is fair will depend on whether the nature of the misconduct was sufficiently grave.






Find the latest news and advice on Christmas issues for employers

View Personnel Today’s employer’s guide to Christmas, which covers issues such as office parties, religious discrimination and Christmas bonuses.


However, even when an employee commits a serious act of misconduct, if the employer has condoned or encouraged drinking, this may be seen as a mitigating factor. Make it clear to all employees prior to the Christmas party exactly what behaviour is and is not acceptable.

What can we do if an employee is caught taking drugs at the party?

An employer may argue that its reputation has been or will be damaged by the employee’s conduct, or that its trust and confidence in the employee has been undermined. They could therefore begin disciplinary proceedings, which might result in a dismissal for gross misconduct.

It will also be relevant that a criminal offence has been committed. In Focus DIY v Nicholson, an employee was dismissed for smoking cannabis in the presence of junior staff at a company social event. The dismissal was held to be within the band of reasonable responses open to the employer as she was in a position of authority, which was undermined by her actions.

Are we discriminating against non-Christian staff by holding a Christmas party?

Employers can face discrimination claims if they do not take different religions into account when planning their Christmas party. A claim has not yet been lodged, but focusing on one Christian festival has the potential to cause offence. Location, theme, timing and catering should all be carefully considered, and a choice of non-alcoholic drinks and vegetarian options are a must. Knowledge of the workforce’s requirements is therefore vital.

Can we discipline an employee for unauthorised absence as a result of a Christmas party?

In general, employers are lenient with staff returning to work after a Christmas lunch. However, the company’s position should be made clear to all employees, particularly those who work on a shift pattern, or have been contracted out to work for a client.

In Ardyne Scaffolding Ltd v Rennie, some colleagues left the work site and went to a pub the day before the Christmas holiday was due to start. Rennie returned to work clearly the worse for wear. The employer regarded this as gross misconduct, and he was subsequently dismissed.
Although the Employment Appeal Tribunal (EAT) found the dismissal to be unfair, it cut Rennie’s compensation by 75% for blameworthy conduct.

Would the company be liable for the actions of an employee who harassed another member of staff?

An employer can be held liable for the actions of an employee, even if the harassment occurs outside working hours. ‘Harassment’ includes behaviour that is sexual in nature, as well as harassment on the grounds of someone’s sex.

Comments made at a Christmas party that are intended to be good natured but are perceived by an individual to be offensive, could result in a claim. In one case, a senior City lawyer admitted mentioning in public that a 29-year-old female solicitor had a “great cleavage” and “great baps”.

The comments were made during an office Christmas party, but ended up in a tribunal. The case settled out of court for 1m.

How can we prevent harassment at the office Christmas party?

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Even where harassment has taken place, the employer will not be liable if it can show that it took reasonably practicable steps to prevent it from occurring. Implement clear equal opportunities and anti-harassment policies and update them to include new areas of discrimination. They should have management backing and be supplemented by training. Grievances should be taken seriously and consistently. Issue behaviour guidelines and warn staff of the potential consequences of unacceptable behaviour.

A manager drunkenly told an employee that she could have a Christmas bonus – can he retract this statement without risk of liability?
In the case of Judge v Crown Leisure Ltd, an employee claimed that he had been promised a substantial pay rise by a manager towards the end of the evening at the company’s annual dinner and dance. The EAT concluded that, considering the environment in question, the manager would not have intended to enter into a legally-binding contractual commitment. However, other legal decisions may not follow this precedent, and hollow promises made at social events could end up having significant and costly consequences.

Alison Love, employment partner, Hugh James Solicitors

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Driving for work increases risk of accidents
next post
Laws in place to prosecute workplace bullies

You may also like

Fire and rehire: the relocation question

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

‘Polygamous working’ is a minefield for HR

14 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+