The Hidden Dangers for Employers at Christmas
- 1. The Hidden Dangers For Employers at Christmas Deeside Leisure Centre 28th November 2013 www.hillyermckeown.co.uk
- 2. Our Speakers Rachel is a Solicitor in our experienced Employment Law Team. She has extensive experience in advising and acting for a diverse range of companies on Tribunal claims, general HR issues such as disciplinaries, grievances, discrimination, redundancy (collective and individual), TUPE issues and industrial relations. Justine is Head of the Employment Law Team. She has extensive expertise in all areas of employment law, including executive appointments and terminations, drafting of contracts of employment and handbooks, all aspects of business change projects, long term sickness, performance and capability, and discrimination issues. www.hillyermckeown.co.uk
- 3. Work-Related Social Occassions Christmas parties whats the catch? Secret Santa what do I need to watch out for? After work events how can an employer be liable for an employees misconduct? www.hillyermckeown.co.uk
- 4. Christmas Parties Promise of improved benefits e.g. Christmas Bonus The manager did not intend to enter into a legally binding agreement BUT other cases may not follow this precedent www.hillyermckeown.co.uk
- 5. Christmas Parties Employer can be held liable for actions which occur outside of working hours The cost of Good natured comments e.g. great cleavage and great baps Settlement cost the firm 贈1million www.hillyermckeown.co.uk
- 6. Christmas Parties Can an employer be held liable for actions which occur outside of an organised work event? Harassment in a taxi home after a works organised party a continuation of the same course of conduct Assault whilst walking home after a Christmas party events were sufficiently closely connected to work www.hillyermckeown.co.uk
- 7. Christmas Parties Post Christmas gossip Employee seen kissing a colleague and going to hotel room and later became pregnant Gossip following the party at work amounted to sex discrimination and pregnancy related discrimination www.hillyermckeown.co.uk
- 8. Secret Santa Any hidden catches? Certain gifts can cause offence or upset within a team no control over what gifts are bought www.hillyermckeown.co.uk
- 9. Deduction of Wages Q. Can an employer deduct wages if an employee does not attend the Christmas party? A. Yes if the Christmas party is held within working hours and the employee would otherwise be expected to work www.hillyermckeown.co.uk
- 10. After-Work Events Sexual harassment by an off duty police officer colleague at the pub as well as a leaving party Held to be within the course of employment www.hillyermckeown.co.uk
- 11. After-Work Events Contrast to: Violence and racial insults at a family day out organised by employer held to be outside the course of employment - day at a public theme park - outside working hours - most participants were friends and family www.hillyermckeown.co.uk
- 12. After-Work Events BUT: Decision overturned harassment in the car held to be a continuation of the same conduct conduct was a continuation of harassment which had occurred in work and continued at a work related event (Christmas party) www.hillyermckeown.co.uk
- 13. Top Tips Forewarn managers of the implication of promises Forewarn all employees that misconduct could amount to disciplinary action Secret Santa gifts not to be offensive Manage any post Christmas investigations/gossip www.hillyermckeown.co.uk
- 14. Thank you Any questions? Find out more at www.hillyermckeown.co.uk www.hillyermckeown.co.uk
Editor's Notes
- #3: Welcome Seminar Title Introduction to Rachel and Justine Housekeeping Intro to the Seminar
- #5: Promise of improved benefits Judge v Crown Lesiure Ltd - hollow promises made at social events could end up having significant and costly consequences
- #6: Senior City lawyer made comments that were intended to be good natured but were perceived as offensive. He admitted mentioning in public that the 29 year old female solicitor had a great cleavage and great baps. The comments were made during an office Christmas party and ended up in a Tribunal. The case settled outside of court of 贈1million.
- #7: Livesey v Parker Merchanting EAT 2003 - The sexual harassment had started at the Christmas party comments made to female employees by male employees continued in the car on the way home after the party. Deemed to be continuing conduct and the employer was held to be vicariously liable Gimson v Dispaly By Design ET case 2012 - Punching an employee after the Christmas party whilst walking home employee dismissed; other employees given warnings; other factors included could have impacted on the working environment as the company was small and close contact unavoidable; no evidence of provocation by other employees walking home; during the disciplinary hearing the employee showed no remorse where as his colleagues were apologetic although they had not hit anyone
- #8: TheEAT's decision inNixon v Ross Coates Solicitorsand another UKEAT/0108/10
- #9: Cia Park example of Anger Management book
- #10: Same as if the employee was requested to attend training etc
- #11: Chief Constable of Lincolnshire Police v Stubbs [1999] EAT case - Sexual harassment at the pub also occurred at a leaving party; occurred in the course of employment; contrast with a chance meeting at a supermarket; on neither occassion was the employee socilaising with just the officer After work events in general -
- #12: ET case - Sidhu v Aerospace Composite Technology Ltd 2000 Claimant responded to the racial insults by throwing a chair; dismissed and brought claim for unfair dismissal and race discrimination; on the race discrimination claim the ET found that the racial attack was outside the course of employment
- #13: Decision overturned in Livesey v Parker Merchanting (EAT) 2003 ; So, significant factor here between this case and family event is whether there had been previous racial insults during work time or whether the racial insults were one off comments at the family event
- #14: All cases seem to fall on their own facts Do not assume that any conduct which occurs at a work organised event that involves family would fall outside of the employers liability or at a location which follows a work related event e.g. A club after a Christmas party Carry out full investigations where appropriate; manage any gossip ; manage the employees in question; always seek advice