Ba Humbug......Christmas Parties!
09 December 2011
As the party season rapidly approaches, employers should be wary of potential claims arising from workplace Christmas parties.
A common claim following events of this nature is sexual harassment. Harassment is a form of discrimination that occurs when one individual engages in unwanted conduct that has the purpose or effect of violating another’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. It should also be noted that the law extends to such conduct on grounds of race, age, religion or belief, disability, sexual orientation, gender reassignment, being married or in a civil partnership, or being pregnant or on maternity leave.
In order to minimise the likelihood of being held to be vicariously liable for employees’ actions, employers must take all reasonable steps to prevent harassment from occurring. In order to achieve this, and generally speaking, harassment policies should be kept up to date and drawn to the attention of all employees. Where possible, staff should also receive training as to what is and is not acceptable behaviour.
Finally, it is prudent at this time of year for employees to be reminded what type of behaviour is and is not acceptable, even when getting into the festive spirit!
Liz Cardy
Solicitor
Penningtons Solicitors
Specialist advice should be obtained before taking, or refraining from taking, action based on comments in this paper, which is only intended as a brief note. If you require specific advice on any employment related matter, please contact a member of the Penningtons employment team.
