Don't Let Employees Bite off More than They can Chew at the Christmas Party!

The Christmas Party is an essential part of the run up to the festivities for every workplace, but some of the most entertaining after dinner stories you will hear from employment lawyers are those concerning the antics at such parties, which then resulted in claims.

One of our favourites concerns an employee who, confronted with a female colleague who had made a special effort for the evening, wearing a festive red silk dress, managed to sink his teeth into one of her buttocks. Unsurprisingly, she issued a claim.

In his witness statement the perpetrator admitted that the biting took place, but insisted that it was entirely accidental. This defence was not expected to succeed at the hearing and so the claim settled for a sizeable sum, paid by the employer, who was vicariously liable.

Cancelling your Christmas party for the sake of avoiding this type of liability may be taking it a step too far, but a few simple rules should reduce the risk of such incidents in your workplace:

• If you are ultimately responsible for the workforce, keep an eye out for risk factors, such as employees who are getting very drunk, offensive or inappropriately affectionate with colleagues and deal with this before it gets out of hand;

• Very young employees may need a careful eye, especially if alcohol is free flowing. If any employee appears unable to make it home safely, then you may wish to offer assistance by way of a cab, to avoid problems;
• Be clear about your expectations as to the attendance of employees the following morning at work. Productivity may be increased if you provide breakfast!

 

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