Works Christmas Party: Punch Ups and overly friendly colleagues. Can conduct outside of work warrant a fair dismissal?

With the much anticipated works Christmas party just around the corner, it is important that employers consider what constitutes inappropriate behaviour outside the workplace, to ensure that it adopts a consistent approach which is communicated to the workforce in advance.
Case law evidences that it is potentially fair for an employer to dismiss an employee for their conduct outside work. An employer must consider the nature of the conduct and question whether or not the incident was sufficiently and closely connected to an individual’s working life and pertains to the employment relationship.
So, what are some examples of conduct outside of work which might lead to a fair dismissal?

1. Physical violence between intoxicated co-workers whilst at a work Christmas party. In Bhara v Ikea Ltd, it was held that the employer fairly dismissed Mr Bhara, an employee, who had a ‘tussle’ with another colleague at the work Christmas party. Mr Bhara described the act as a ‘play fight’ and his colleague said it was ‘mates having a laugh’. Despite this, it was found that the dismissal was within the range of reasonable responses because the act had a ‘damaging effect on the Ikea brand’ and impacted on the Company’s reputation.
2. Sexual harassment such as unwanted advances or disparaging comments made amongst colleagues at a Christmas party. Notably, sexual advances within working hours and a Christmas party can lead to the offending employee being dismissed for harassment. In Livesey v Parker Merchanting it was held that the employer could also be vicariously liable for not taking reasonable steps to deal with sexual harassment during the course of employment.
3. Inappropriate behaviour such as unacceptable language and ‘banter’ with colleagues that could be perceived as bullying, or behaviour with the potential to bring the Company into disrepute. In some cases, jokes or banter which are perceived to be harmless, can be considered discriminatory and it is the individual’s perception of the treatment which is relevant.

What steps can an employer take to prevent an Employment Tribunal claim against them?
Some employers may not be aware that they may be responsible for an employee’s conduct outside working hours. Employers should therefore consider taking reasonable steps to prevent inappropriate behaviour, including:

• Reminding employees that they are representing the Company during the work Christmas Party;
• Remind them to make appropriate transport arrangements if they are planning on drinking;
• Advise employees in advance of the standard of behaviour that is expected and the sanctions which may be implemented in the event of any serious breach; and
• Forward to them any appropriate policies from the staff handbook, e.g. conduct at work, bullying/harassment, social/entertainment policy
• Ensure any misconduct is properly investigated in a timely manner in accordance with the Company’s disciplinary procedure and the ACAS Code of practice.

How can Askews help you?
Askews Legal LLP has a dedicated team of Employment specialists who can assist with any employment law issues. Get in touch with Lianne Payne or Sanina Sangha. Click Here to enquire or call us on 02476 231000. Confidential Quick service assured.

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