The Christmas Work Do: The Festive Night That Can Follow You Into Work

For many, the Christmas work do is a highlight in the workplace. It offers the chance to unwind, celebrate with colleagues, and socialise in a more casual setting. Unfortunately, while these events are meant to be enjoyable, the combination of alcohol and relaxed boundaries often leads to misconduct issues, including sexual harassment, resulting in grievances, disciplinary action, and, sometimes, even legal claims.

Since many a staff Christmas party occurs outside work premises, some may be surprised that what happens at them can have serious consequences in the workplace. This simply isn’t the case, though.

Below, we examine the potential risks of a Christmas staff party and the laws that apply. We discuss individuals’ rights, should they have experienced harassment or other forms of misconduct at work, and the steps they can take to seek justice.

If you believe your employment rights have been breached, contact us now. Redmans Solicitors are employment specialists, and following a brief chat, we can assess your case, answer your questions, and provide expert advice. Should you have an eligible claim, we can also guide you through the legal process.

To begin your journey with us today, please:

• Phone us on 020 3397 3603
• Request a callback via our online form

Why a Christmas Work Do Has Its Risks

A staff Christmas party may strip away some of the formal barriers present during the working day, but one shouldn’t forget that it’s still very much a work-related event. And while the informal setting might encourage colleagues to relax and socialise, it can increase the likelihood of misconduct. According to recent data, an average of 40 Christmas staff party-related cases reach the tribunal after each festive season.

Alcohol is often present at a Christmas work do, and is one of the factors that can cause issues. When it’s consumed responsibly, there’s unlikely to be an issue. The problem is that one drink can quickly become several, lowering inhibitions and clouding judgement. This can lead to offensive comments, arguments, or unwanted advances, behaviour that may amount to sexual harassment under UK law.

Read More: Christmas Shopping at Work: Why a Clear Acceptable Use Policy Can Prevent Unfair Dismissal

Even where alcohol isn’t a factor, though, other risks remain. Power imbalances between managers and junior staff can persist outside the office, leaving individuals feeling pressured to go along with a superior’s behaviour or requests. In addition, blurred professional boundaries can cause seemingly light-hearted “banter” to stray into discriminatory territory. And when moments that feel trivial at the time are later shared on social media or messaging groups, embarrassment or distress at work can result.

Whatever the case, festive celebrations should be treated in the same way as any other work event. Although the tone may be more relaxed, conduct such as discrimination or harassment must still be avoided. If an employer fails to set clear expectations or address misconduct appropriately, legal risks, including claims, may arise.

How the Law Applies to Work-Related Social Events

Although a Christmas work do may take place outside of work premises, an employer’s duties typically extend to such events. This is because, under UK law, an employer can be held vicariously liable for the actions of its workforce. In practice, this means that if misconduct occurs “in the course of employment”, and the employer hasn’t taken the reasonable steps required to prevent such behaviour, the employer may also be held legally responsible.

Under the Equality Act 2010, individuals are protected against unfavourable treatment—including discrimination, harassment and victimisation—because of their protected characteristics. These characteristics include one’s age, sex, race, disability, and religious beliefs, to name but a few.

Unfortunately, the combination of alcohol and a relaxed atmosphere means that incidents of sexual harassment can arise. Under the Equality Act 2010, sexual harassment occurs when someone engages in unwanted conduct of a sexual nature that has the purpose or effect of violating another’s dignity, or creating an intimidating, hostile, or degrading environment for them. Importantly, even if the perpetrator didn’t intend to cause such an effect, a claim may still succeed if the impact on the recipient meets this threshold.

Steps to Take When Experiencing Misconduct

While the nature of incidents can differ, if any form of misconduct occurs at a Christmas work do, and the employer fails to meet its obligations to prevent or properly address that behaviour, the individual on the receiving end may have grounds for a claim. However, before taking formal action, it’s usually advisable to explore other avenues to resolve the issue.

Regardless of the steps taken, individuals should first gather any available evidence. Among other things, this could include CCTV footage, witness contact information, or text messages sent after the incident. Any evidence collected will strengthen one’s case and, should the matter proceed to a tribunal, increase the chances of success.

Read More: Not Sure How the Employment Tribunal System Works? We Can Help!

Once evidence has been gathered, the next step is to consider internal avenues. Depending on the circumstances, an informal chat with HR or a formal grievance may be appropriate. Either way, resolving the matter at this stage would avoid the stress and costs associated with formal litigation.

Should the matter remain unresolved, though, the next step is usually to initiate Acas early conciliation. This free and independent process is typically required before an employment tribunal claim can be brought, and offers another chance to resolve the issue informally.

However, where a satisfactory resolution still hasn’t been found, the final step is to bring a claim. To do so, individuals must satisfy strict eligibility criteria and time limits. If a claim proves successful, compensation, among other remedies, could be awarded.

Faced Harassment at Work? We Can Help

If you’ve experienced sexual harassment or any other form of misconduct at a Christmas work do and believe your employer failed to adhere to its legal obligations, contact Redmans Solicitors without delay.

As employment specialists, we can assess your circumstances, answer your questions and discuss how you could proceed. We can also evaluate the eligibility of your claim and guide those eligible through each stage of the legal process.

To discover how we can help you now, please:

• Give us a call directly on 020 3397 3603
• Fill out our online form with your details to request a callback