ACAS is providing advice on dealing with the Christmas period, which considers potential problems for managers and staff, aiming to minimise the risk of employment tribunal claims. ACAS's helpline receives 100's of calls every Christmas from businesses on the issue, so it has produced some frequently asked questions and answers so businesses can be prepared. For ideas for your Christmas parties look at the Call of the Wild website.
ACAS FAQs:
Q. We usually allow our social club to sell raffle tickets for prizes which are given out at the Christmas party - surely there's no problem with this?
A. Generally, no. However, some religions forbid gambling so no pressure should be exerted on staff who don't want to take part. It's also worth ensuring that the prizes on offer are not going to be unacceptable to those who do not drink alcohol or eat meat.
Q. What if an employee who has clearly drunk too much at the office Christmas party is planning to drive home. It's not my responsibility, is it?
A. In fact, it is. As an employer you have a 'duty of care' toward your employees and as it's the company's party, you need to take some responsibility. Think about travel arrangements and maybe end the party before public transport stops running. Or provide the phone numbers for local registered cab companies and encourage employees to use them. Hiring minibuses to take staff home is another option which would probably be greatly appreciated.
Q. We want to make sure that there isn't a repeat of last year when people failed to turn up for work the day after the party?
A. Make sure you provide plenty of non-alcoholic drinks and food. Before the party ensure that all staff realise that disciplinary action could be taken if they fail to turn up for work and there is reason to believe it is due to over-indulgence.
Q. If an employee suffers verbal abuse about being gay at the local pub before the party - it's not on work premises so it's a matter for them, isn't it?
A. Wrong - going to the pub before the office party counts as an extension of work and so all the laws covering discrimination still apply. Make sure the company has policies in place on bullying, harassment and discrimination and that everyone knows what they are and what the penalties are for ignoring them.
Q. My recently-recruited manager has issued an email to staff telling them that Christmas decorations breach health and safety rules. She also said they are outlawed by the religion and belief regulations. Is she correct?
A. As long as a proper risk assessment is carried out looking at where and how decorations are sited, particularly if they could pose potential fire hazards, health and safety rules will not normally be breached. Regulations on religion and belief do not outlaw traditional customs. As most Christmas decorations such as tinsel, lights and trees are secular and not inherently religious, it could be difficult to argue that they cause offence to non-Christians.
Q. Our Christmas party has always been a rather quiet event. However, we took over another company this year and now have a majority of younger employees. They are used to more boisterous celebrations and I'm worried that age discrimination claims will be lodged - how can I make everyone happy?
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