For December 2020, we have asked the employment team at Tughans to provide practical answers to unusual, sensitive or complex work-related queries.  We call this feature “How Do I Handle It?”.

The articles are aimed at HR professionals and other managers who may need to deal from time to time with the less commonplace disputes at work; issues that may, if handled incorrectly, lead to claims of discrimination or constructive dismissal or some other serious difficulty.

I am the HR manager in a company where for the first time, we will be holding a virtual Christmas party.  What issues do I need to think about and how do I handle it?

As a result of the pandemic and consequent rise in home working, increasing numbers of employers have decided to hold virtual Christmas parties for their employees.  You might think that employers could relax a little as there would not be the usual Christmas party antics to contend with, but you would be incorrect.  Whether or not an office Christmas party is happening “in person” or online, inappropriate behaviour can easily happen, whether that takes the form of harassment and bullying, social media policy breaches or misconduct issues.  Indeed, it could be argued that with the protection of a computer screen, some employees could let their guard down more than if they were at a party in person and consequently behave in an inappropriate manner.  Whilst of course it will be important for employers to boost office morale, given the difficulties of 2020, that should be balanced against a plan to ensure that the virtual Christmas party takes place in an inclusive and positive manner.

It should be noted that an office Christmas party is seen, further to various case law, as an extension of the workplace, whether or not that party is virtual.  Under various legislation in Northern Ireland, which is in place to protect individuals on the grounds of sex, race, religion or belief, age, disability and so on, employers (and employees) can be held liable for acts of discrimination, harassment, or other unwanted conduct.  If employees, who perhaps have drunk too much at the virtual party, behave in an unacceptable manner, then that can of course result in disciplinary action against them, or a grievance being raised by a complainant, or in a worst-case scenario, employment tribunal proceedings being issued.

What steps then should you, as an employer, take before the virtual Christmas party?

Inappropriate Behaviour

You should remind staff about inappropriate behaviour and of your equal opportunities and harassment policies and disciplinary and grievance procedures.  You should remind them of the importance of these policies and disciplinary sanctions if these rules are breached.

Social Media Policy

During or after the party, employees may not think twice about posting an inappropriate comment about a colleague or a photo, they need to know that such behaviour could lead to disciplinary action, as well as being a potential breach of data protection legislation, or indeed could bring the business into disrepute.

Alcohol Consumption

Whilst difficult to monitor remotely, you should remind staff about the company alcohol and drug policy.

Investigating Complaints

If complaints are raised after the party about something that happened in it, you should make sure that you investigate thoroughly and in accordance with your company procedures.

Whilst no employer wants to detract from the Christmas cheer, if you adopt the above steps, that will assist in defending any tribunal claims that may subsequently arise and will also help to minimise employment law issues from arising.  Hopefully, the above steps will not overly dampen the festive spirit and will allow employees to enjoy themselves with their colleagues.