All I want for Christmas… is not to defend you at an Employment Tribunal

An employment lawyer’s festive guide to surviving the Christmas staff do

Ah, the Christmas staff do. That magical time of year when spreadsheets are abandoned, sequins appear in the office and someone who has never spoken above a whisper suddenly discovers karaoke and confidence in equal measure.

As an employment lawyer practising in Northern Ireland (and advising on UK-wide employment law), I feel it is my seasonal duty to issue a gentle, but legally informed, public service announcement:

What happens at the Christmas party does not necessarily stay at the Christmas party.

Let’s talk about why that “bit of craic” can have real consequences (without presenting myself as a total festive killjoy).

1. The Christmas Party is still a work event

One of the most persistent myths I encounter is that once fairy lights are involved, employment law packs up and goes home. Sadly, no.

In both Northern Ireland and Great Britain, Christmas parties organised or paid for by the employer are generally considered an extension of the workplace. That means your employer may still be legally responsible for what happens and that you are still bound by workplace policies. This includes:

• Disciplinary rules

• Dignity at work and anti-harassment policies

• Equality and discrimination obligations

The fact that the venue is a hotel function room rather than the office kitchen does not magically suspend the Employment Rights (Northern Ireland) Order 1996 or the Equality Act 2010 (or the Sex Discrimination (NI) Order 1976, Race Relations (NI) Order 1997, and other NI-specific legislation).

2. Alcohol is not a legal defence          

From a legal perspective, alcohol is a terrible witness.

“I was drunk” rarely assists in disciplinary proceedings. Examples of party behaviour that have led to perfectly lawful disciplinary action include:

• Inappropriate comments of a sexual nature

• Racist, homophobic or otherwise discriminatory “jokes”

• Aggressive behaviour towards colleagues or managers

• Posting questionable content on social media during (or after) the event

Under UK discrimination law, intent is largely irrelevant. If the conduct has the effect of violating someone’s dignity or creating an intimidating, hostile, degrading or offensive environment, then you may have crossed the legal line while attempting the limbo.

3. Social Media: the hangover that keeps on giving

The key take home from this is to remember: what you post publicly can be relied upon privately in an investigation. Posting photos, videos or commentary from the staff do can:

• Breach company social media policies

• Damage the employer’s reputation

• Involve colleagues who did not consent to being filmed mid-dance

Maybe don’t livestream drunken speeches?

4. Managers: with great power comes great responsibility

A special festive word for managers.

In NI, employers can be vicariously liable for the actions of their staff at work-related events unless they can show they took reasonable steps to prevent misconduct. That means:

• Turning a blind eye is not a strategy

• Joining in questionable behaviour is actively unhelpful

• You may be judged more harshly than others

If you are the person approving annual leave requests and performance reviews, it is advisable not to lead chants that would not survive a tribunal transcript.

5. Awk everyone needs to calm down. Can you actually be dismissed over the Christmas party?

Short answer: Yes.

Longer answer: Dismissal must still be fair, proportionate and procedurally sound, particularly for employees with sufficient service (one year in Northern Ireland, two years in Great Britain).

However, tribunals have consistently upheld dismissals where:

• The behaviour was serious or grossly inappropriate

• It damaged workplace relationships

• It breached clear policies

• A fair investigation and disciplinary process followed

A Festive Legal Survival Guide

To ensure I do not meet you professionally in January, I offer you (and myself) this checklist:

1.      Enjoy yourself

2.      Know your limits

3.      Treat colleagues with respect

Keep your phone away from the dance floor

And finally…

Be Merry, not a Case Study

The Christmas staff do should be a chance to celebrate the year. Employment law is not designed to ruin fun, (I promise employment lawyers can be good fun!)  but it is designed to protect dignity, safety and professionalism. So, dance, laugh and raise a glass. Just remember: the law does not take Christmas off.

Wishing you a joyful, drama-free festive season and I sincerely hope I do not hear from you about it in the New Year!