Most office parties go off without a hitch, but be careful!

RTE Article:

Most office parties go off without a hitch, but it's worth knowing what to do if things don't quite go to plan at your work event

Your employer has almost certainly organised (or provided funding for) a party, dinner, or even a day out to entertain you this festive season. This can be a good way to show appreciation, boost morale or encourage team building.

Your organisation may not even formally arrange a party, but employees might sort their own get-together. Even so, employers can be held liable outside of the workplace and beyond normal working hours for any inappropriate behaviour, even at an unofficial event.

Regardless of whether you eagerly anticipate or dread the thought of attending an office Christmas party, it's important to remember that such get-togethers with your colleagues are still work events. Bad behaviour by you, colleagues or even your employer could result in legal proceedings before the Workplace Relations Commission or even in court.

Making a list, checking it twice

Potential minefields can start arising even before you've sent out any invites. All relevant employees must be invited, with no one deliberately excluded. This is not just about hurt feelings: the left-out person or people could claim discrimination.

For larger businesses, it may not be feasible to invite all staff to the same event. Separate "team" events - a sales staff night out, for example, or a marketing team Christmas lunch - shouldn't be problematic as long as no one is deliberately excluded on any of the discriminatory grounds, such as age, race, disability, religion or gender.

Even if your workplace does hold an official party, issues can arise at the end of the night if someone is not invited to the after-party. In one case, an employer was held liable for both discrimination and harassment after employees used derogatory language about a colleague who was a member of the Traveller Community and was deliberately excluded from an after-party.

The employer explained to the tribunal that it had not been involved in organising the Christmas party or making any financial contribution towards the event. But the employer still took the blame for the exclusion and for the poor treatment of the employee by their colleagues and had to pay €5,000 in compensation.

Inclusivity is also key when sorting out venues, activities and even themes. Not everyone celebrates Christmas, for example, so you might need to think about arranging something that doesn't solely revolve around alcohol and providing non-alcoholic alternatives for people that don’t drink for either personal or religious reasons. You may even want to consider organising an event during the day to facilitate staff with evening caring commitments, for example.

Harassment and sexual harassment at a work party

Just because the Christmas party is held at a hotel, restaurant, bar, nightclub or other venue, it doesn't relieve your employer from responsibility for ensuring employees behave in line with workplace policies on dignity and respect. Your employer is still responsible for preventing harassment or sexual harassment at an event, just as it is in your workplace.

In 2020, the WRC ordered an employer to pay €25,000 in compensation, as the employer was deemed responsible for the sexual harassment of an employee at a social function even though the employer had not formally organised this event. Staff had agreed to meet in a local pub after work to watch a match. All staff were present in the same area of the pub when one employee was subject to inappropriate touching by her employer during the evening.

The WRC ruled that the employer was liable for the sexual harassment as this occurred in the course of the complainant’s employment. The employer was also instructed to undertake an independent audit of its Dignity and Respect at Work policy to ensure compliance with the Employment Equality (Code of Practice)(Harassment) Order 2012, SI No.208 of 2012, to disseminate the updated policy to all existing and new employees and to provide information and training on the applicable policies and procedures to all staff.

Any unwelcome verbal, non-verbal, written or physical conduct can lead to a claim of harassment or sexual harassment if it is linked to discriminatory grounds. This means, for example, making inappropriate comments about someone’s age, sexual orientation or race could constitute harassment at work. While workplaces are often viewed as a place to meet a potential life partner, suggestions of a kiss under the mistletoe (or more) at a work Christmas party may not be welcomed by everyone.

In a case heard by the Northern Ireland industrial tribunal, a male employee engaged in non-consensual hugging of a female employee from behind, touched her and made inappropriate comments at a work Christmas party in a restaurant. She immediately made it clear this behaviour was unwelcome. After complaining to her employer following the event, she was then treated differently at work and ultimately felt forced to resign. She was awarded nearly £19,000 in compensation for the sexual harassment experienced at the work Christmas party, the subsequent victimisation and unfair dismissal.

What if something bad happens?

If you believe that you have been treated differently or harassed during a work-related event, use your company's internal complaints mechanisms so your employer can investigate. If you feel your employer’s response or handling of a complaint is unsatisfactory, you can complain to the Workplace Relations Commission within six months of an incident. You also have a right to complain if you are treated differently or victimised for raising a complaint.

When employers organise or fund a party, it's worth appointing a responsible person to oversee the event -- before and during. While it may not be a popular move, limiting free bars can help limit bad behaviour, as can issuing a reminder beforehand about the relevant workplace policies on harassment, sexual harassment, dignity and respect in the workplace, as well as the internal complaints procedure. Employees might also need reminded they are technically still at work and should behave accordingly.

Of course, most office parties go off without a hitch. But it's worth knowing, not only how best to make that happen, but also what to do if things don't quite go to plan at your next work event.

Source: RTE, By Brenda Daly, DCU

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