Christmas cheer can prove costly for employers says Linder Myers
As Christmas nears and the party season is in full swing, employers in Shropshire need to be aware that they could be liable for employee misdemeanours even when incidents occur out of normal working hours and off their premises say employment specialists at Linder Myers.
Christmas parties are often the one time of year when colleagues collectively get together to let their hair down however, when the party’s over, some employers may find themselves on the receiving end of a claim for harassment.
Alan Lewis, head of employment at Linder Myers in Shropshire said: “What many employers won’t be aware of is that they may still be responsible for the conduct of their employees even when inappropriate behaviour takes place between colleagues out of the normal working environment. The Equality Act states that anything done by an employee during the course of their employment is treated as if it’s done by the employer. Organised Christmas parties are likely to be considered an ‘extension of employment’ for the purposes of liability under the Act.
“Often fuelled by large amounts of alcohol, Christmas parties are notorious for incidents of sexual harassment for example and we have acted on behalf of businesses who have found themselves subject to such claims.
“The Equality Act 2010 protects employees from harassment including unwanted conduct on the grounds of age, disability, race, religion, belief or sexual orientation. Business owners are largely unaware that their responsibilities may well continue after the end of the working day even when employees are off the premises. There are, however, practical steps that employers can take to minimise the risk of successful claims against them.”
Business owners should take the following steps to prevent these incidents:
1. Implement an equal opportunities and an anti-harassment / bullying policy
2. Regularly review these policies to ensure they’re up-to-date
3. Ensure all employees are aware of the policies
4. Train managers and supervisors in equal opportunities and harassment issues
5. Deal effectively with complaints and take appropriate disciplinary action if necessary
Taking these measures can ensure a business can demonstrate it has taken reasonable steps to avoid these situations taking place in the first place and can go some way in protecting them should they be subject to such a claim in the future.
