As the Christmas party season is once again upon us it important that employers recognise their legal responsibility for employees’ behaviour during work related social events. The consumption of excessive alcohol at these events can lead to unwanted consequences such as confrontation between members of staff, offensive jokes, physical violence or inappropriate sexual behaviour, all of which may result in legal liability being imposed on the employer.

Section 15 of the Employment Equality Acts 1998 and 2004 provides that anything done by an employee in the course of his or her employment shall be treated for the purposes of the Act as done also by that person’s employer whether or not it was done with the employer’s knowledge or approval.

Case law in recent years has determined that an employer may be held liable for an incident that takes place at a work-related social event where the circumstances are sufficiently connected with the claimant’s work. In the case of Maguire .v. North Eastern Health Board DEC [2003 14 E.L.R. 340], an employee was verbally insulted and assaulted at an office Christmas party allegedly due to his membership of the traveller community. The Equality Tribunal held that the Christmas party was a work-related social event as the claimant would not have been present at the party had he not been employed by the respondent organisation.

Employers should also be aware that pursuant to Section 14A of the Employment Equality Acts 1998-2004 they may be held liable for the actions of a client, customer or other business contact (and this may extend to an incident which that takes place at a work-related social event or Christmas party). In the case of Ms. A .v. A Contract Cleaning Company DEC-E2004-068, the claimant issued proceedings against her employer when she was sexually harassed by a security guard who worked for another company. The claimant was awarded compensation in the sum of €21,000.

Employers’ health and safety obligations to their employees may also extend to the office party and in circumstances where alcohol is being consumed, health and safety concerns are heightened.

It is a defence for an employer to prove that it took reasonably practicable steps to prevent unwanted incidents from occurring at the Christmas party. In an effort to protect the employer from potential costly claims of bullying, harassment or sexual harassment, as well as claims under health and safety legislation, employers should consider therefore taking some of the following precautionary measures:

• Ensure that an appropriate and clearly drafted policy regarding bullying, harassment and sexual harassment is in place which makes it clear that bullying/harassment will not be tolerated by the employer. The policy should be widely circulated and appropriate training provided to managers and employees.
  
  
• Publicise the employer’s disciplinary procedure and ensure that employees are aware that they may be subject to disciplinary action for unacceptable behaviour or misdemeanours committed at the event.
  
  
• Staff should be reminded that consumption of alcohol at the party should be moderate and the employer should arrange transport or accommodation to discourage people from drink driving.
  
  
• Employers should ensure that the chosen venue fulfils their health and safety obligations to employees and is suitable for the event. Adequate security and insurance measures should also be adopted.
  
  
• Managers should be briefed on how to deal with unacceptable behaviour from employees.

Employers should ensure that any allegations made following the Christmas party are properly dealt with and if it is necessary to take disciplinary action that it is appropriate, proportionate and is applied consistently.

Finally, while not wanting to dampen spirits in the approach to the Christmas party, employers should be aware of their legal responsibilities and ensure that their employees are aware of theirs. A carefully drafted memo sent to all employees in advance of the function can create a positive environment for the Christmas party and help avoid employment disputes in the New Year!

December 2005.

For further information please contact Aoife Bradley.