Site sections:
Inevitably the silly season brings with it silly employees. The combination of tired employees hankering for their holiday, and too much food and alcohol leads to the customary quota of disciplinary incidents.
The staff Christmas Party is a hot bed of mostly cringe-inducing, and sometimes dismissible, behaviour. Many an employee has turned up to the end of year party muttering the mantra “I will not get drunk and make an idiot of myself this year” only to be singing Karaoke a la Bridget Jones by 9.30 pm – but what about those instances when employees truly step over the line?
Generally employees can reasonably expect to be allowed to let their hair down to some extent during a staff party and engage in behaviour that would not be appropriate during a usual work day. However, occasionally too much Christmas cheer induces employees to step far enough over the line that their employer is entitled to investigate and potentially dismiss them for their Christmas Party shenanigans. The nature of the conduct, and the expectations of the environment, will be key factors for the employer to consider in determining if the conduct should attract a disciplinary sanction.
As a general rule, a Christmas party which clients are attending will demand a higher standard of behaviour; an employee with management responsibilities will be expected to set an example for their staff to some extent; and employees must steer clear of any violent, harassing, or illegal activities. Beyond that, it is up to the employer to set clear boundaries and expectations for employees’ behaviour.
Some areas employers may wish to consider setting boundaries around are:
- The amount of alcohol consumed. If you don’t want employees heavily intoxicated: put a limit on the bar, and tell employees in advance that they are not to become intoxicated and are expected to drink only in moderation.
- Getting home. A function venue which is not close to the workplace or public transport may require the employer to put on a bus to deliver staff back to civilisation. Employers may also want to spell out that staff must not drink and drive, and tell staff in advance of the big night that they are expected to make their own way home.
- If clients are attending, employers may need to consider making employees aware of the fact that they are to display professionalism throughout the evening.
- Drugs. It goes without saying in most workplaces – but if the workplace employs people who are suspected to be recreational users of illegal substances a reminder that no drugs are to be taken to, or consumed, at the Christmas party may be timely to avoid a Police bust ruining an otherwise good night.
- Romantic dalliances. Whilst the odd scandalous hook-up between colleagues may be good fun and provide plenty of water cooler fodder – sexual harassment and unwanted romantic attention can be problematic. Dalliances between a manager and staff member, or unwanted attention can lead to sexual harassment complaints, and create a headache worse than a hangover for the HR team.
For most of these issues it is a matter of taking your cues from the staff. If you have well behaved and low key Christmas parties every year (read: boring with little to no juicy gossip) – these are not going to be big issues for you. However, if you feel any of the above issues have the potential to be problematic – setting standards in advance may lower the chance of issues arising, and will be a great help if an incident does occur and you want to take disciplinary action.
Employees do not always accept that their behaviour at the Christmas Party could lead to disciplinary action – letting them know the expectations up front is a good way to reinforce this to them – just try not to be too much of a grinch when you do it!
If you would like any assistance with Christmas party disciplinary issues (or just have a great story to share with us), please fell free to give us a call to discuss it.
Susan Hornsby-Geluk, Partner, Blair Scotland, Senior Associate and Megan Vant, Associate.