Brits have been warned that they could lose their jobs if they misbehave at their Christmas work do.
Specialist employment lawyer Julia Woodhouse issued the warning, stating that a work party is technically counts as "company time", meaning that employees should keep their behaviour in check. She noted that in a casual environment, conversation "can become less guarded" and what one person may seem as a joke or even a friendly hug, can be interpreted as "discrimination or harassment".
She highlighted that it was also important to avoid any kind of behaviour that could be seen as discriminating against a protected characteristic.
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Ms Woodhouse, of Blythe Liggins Solicitors, Leamington Spa, added: "If you treat someone less favourably because of a protected characteristic – for example their age, race, sex or sexual orientation – this is discriminatory. Claims for harassment can also arise if the harassment is related to a protected characteristic.”
Other protected characteristics include disability, gender, marriage and civil partnership, pregnancy and maternity, and religion or belief. Ms Woodhouse added that an incident relating to this at an office party can quickly become a grievance or even lead to disciplinary proceedings.
She continued: “Employers will be liable for any discrimination or harassment which is carried out by staff in the course of employment. In most instances, the office party is likely to be treated by an employment tribunal as an extension of the workplace - even when it takes place at an external venue - and employers will be liable for the actions of their staff.
“Employers can seek to protect themselves from such claims by ensuring they have an Equal Opportunities policy in place which outlaws discrimination and harassment. They must also make sure that staff are trained on it and that they deal with any allegations appropriately.”
Ms Woodhouse also warned that, while employers are liable for any discrimination or harassment that takes place at a staff party, this doesn't mean that employees are free of any action. She added: “Employees should also bear in mind that they too could be individually named as a party in any employment tribunal proceedings if allegations of discrimination or harassment are made against them.
“In order to avoid starting 2023 with a HR hangover, my advice for employers would be to make sure that they have told staff what behaviour is – and isn’t – expected of them before the music begins and the corks start popping. The return of office Christmas parties should be a cause for celebration – and, with appropriate behaviour, everyone can have a good time without the need for HR to step in on Monday morning.”
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