It’s Christmas party season which means workplaces up and down the country will be treating employees to slap-up meals to thank them for their hard work over the year. The Christmas party is a great team building session but it is important to remember that an employer is liable for the conduct of its employees at a Christmas party organised by the employer, even when a party takes place somewhere other than in the workplace.

The HR Department has put together some tips to enable employers to relax and enjoy the festive season.


TIP ONE: Remind your Employees of the Rules

It may be humbug, but normal rules when representing the company, also apply at the Christmas party. Employers should ensure that employees understand the standard of conduct expected of and that they are expected to observe the provisions of the Dignity at Work and Bullying and Harassment policies at work related events. Employers may need to consider amending policies to include references to work related social events, or introducing them if such policies are not in place.

Set out clearly what is expected of employees in advance by sending an email that provides clear written guidance to all employees about acceptable standards of behaviour and reminding them that the party is an extension of the work place. Make it clear that fighting, excessive alcohol consumption, the use of illegal drugs, inappropriate behaviour, sexist or racist remarks or harassment and comments about sexual orientation, disability, age or religion will not be tolerated. Explain that disciplinary action may be taken for unacceptable behaviour.


TIP TWO: Be Considerate

If the Christmas party is out of hours, understand that some people have family responsibilities that may prevent them attending. Employers also need to be sensitive to employees who don't drink alcohol or who don't eat certain foods, and should ensure there are non-alcoholic drinks available and alternative food options. It is important to be mindful that allowing employees to bring their partners must not discriminate on the ground of sexual orientation. It should not be assumed that all partners are of the opposite sex and invitations should be opened up to all.


TIP THREE: Don’t Offer a Free Bar

Try not to encourage excessive alcohol intake as a result of offering employees a free bar. The majority of incidents that could potentially land employers in trouble tend to be as a result of too much alcohol. Remember, as it is a company party, the employer is liable for any ‘mishaps’, including physical injuries, so you may want to consider restricting the amount of free alcohol available and should be prepared to ask individuals not to drink any more if they appear worse for wear.


TIP FOUR: Keep an Eye on Social Media

We've all heard that there is no such thing as bad publicity, but this isn’t the case when it potentially comes to images or footage from a Christmas party going viral on social media sites for all the wrong reasons. Employers should confirm with employees that they are aware either through the company Social Media Policy or specific guidelines circulated in advance of the Christmas party, that employees are not permitted to upload material on social media sites which would unfavourably affect the reputation of the employer. It’s important to communicate that such conduct may result in the employee being disciplined in accordance with the employer's disciplinary policy.

 
TIP FIVE: Don’t Make any Promises

Managers should avoid discussions about performance, promotion, salary or career prospects at the Christmas party, especially if alcohol has been taken. Words of encouragement and good intentions can be misinterpreted and may cause future issues.


TIP SIX: Your Employees are Your Responsibility

The vast majority of employees will have successfully made their way home from a night out in the past, however employers still need to give consideration to how they will do employees will make it home from the party. In an email prior to the event, include advice about not drinking and driving, as an employer may still be responsible for its employees driving home from an office party. Ask employees to plan their journey home before attending the party.


TIP SEVEN: Consider having the Christmas Party at the Weekend

Having your office party in the middle of the week often lowers productivity levels the following day, as those who haven’t called in sick or booked annual leave for the day after will barely be functioning. As well as lower productivity, employers need to be mindful of health and safety policies, especially for employees who drive or operate machinery. An employee should not be at work under the influence of drugs or alcohol so that they do not endanger their own or another person's health and safety at work.

Employers should communicate that employees who report to work the day after the Christmas party are not to be under the influence of alcohol or drugs. Having your party at the weekend ensures that employees can be unproductive on their own time, as well as save you from potential health and safety risks.


TIP EIGHT: Discipline Later

Consider appointing a “sensible” person to stay sober at the party who can intervene if things start to get out of hand. In the circumstance that something unfortunate does happen, do not discipline any employees at the party itself as this could cause further issues on the evening. Send the person at fault home if necessary and deal with the incident when you are back at the office.


Merry Christmas and a Happy New Year from The HR Department


The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.

My last blog focused on maternity and paternity entitlements, however in a lot of circumstances, discrimination cases cross over, so this week I'm giving a brief overview of the types of discrimination that exist and policies employers need to have in place.

Last month the Equality Tribunal awarded €63,000 in compensation to a Travelodge receptionist for discrimination on the ground of race, and for victimisation, however the issue actually arose when the receptionist returned from maternity leave to find her hours had been reduced and that a temporary staff member was kept on. It was alleged that the receptionist’s manager had stated that her English wasn't good enough to work day-shifts despite having worked those shifts for the previous three years with no issue.

After the employee lodged a formal written complaint, she was then threatened by her manager and told CCTV would be reviewed for any possible wrongdoing by her. She was also accused of selling alcohol to a non-resident of the hotel, an accusation which was proven to be incorrect.

The Tribunal found the employee had succeeded in her complaint of discrimination on the ground of race and further accepted that she was treated less favourably because of her maternity leave. The Tribunal was also satisfied that the actions taken by the employer following the employee’s complaint amounted to adverse treatment and victimisation.


So how can you ensure this doesn't happen in your business?

Admittedly, the issue of equality and discrimination in the workplace is a challenging one for Irish employers, as well as for employees who suffer from discrimination in the workplace.

The penalties of discriminating against an employee either in employment or in the interview process can be disastrous for Irish employers.

The Employment Equality Act prohibits discrimination in the workplace on the following grounds:

• Gender
  
• Marital status
  
• Family status
  
• Pregnancy and maternity
  
• Sexual orientation
  
• Religion
  
• Age
  
• Disability
  
• Race/colour/nationality/ethnic or national origins
  
• Membership of the travelling community
  

It is imperative for employers to have policies in place to deal with the grounds for discrimination above, specifically a sexual harassment policy which would cover all grounds.

However having workplace policies on their own is not enough; they must be proactively and continually implemented and training must be provided for staff to ensure that employers are taking all reasonable steps to implement policies in the workplace.


Types of Discrimination

Discrimination falls into two categories:

1. Direct discrimination
   
2. Indirect discrimination
   

Direct Discrimination

Direct discrimination is outlawed in the following areas:

• Discrimination in collective agreements
  
• Discrimination by employers
  
• Discrimination by employment agencies
  
• Discriminatory advertising
  
• Discrimination in vocational training
  
• Discrimination by professional and trade associations and trade unions
  

Indirect Discrimination

Indirect discrimination occurs when an employer applies a condition to everyone in the workplace, a condition that fewer people of one gender (or other discriminatory ground) than another is able to comply with. One exception to the rule is if an employer can objectively justify the condition as a means of achieving an appropriate objective.


Lessons for Employers

Equality and anti-discrimination legislation has had a huge impact on the workplace. In all cases where facts can point towards discrimination under any of the grounds set out in the Employment Equality Act then it is up to the employer to prove otherwise. This can be a significant burden on employers so it is necessary to examine all work practices to ensure one is not left open to a successful claim.

Employers need to be aware of:

• recruitment and promotion
  
• terms, conditions and benefits
  
• harassment policies
  
• discrimination policies
  
• positive action
  

As previously stated, employers also need to understand that it is not enough to merely have the necessary policies drawn up; they must ensure that they are implemented in the workplace to actively prevent discrimination and harassment.



The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.