4th December 2019

INFORMATION UPDATE

 Issue No.  2019/19

 Sentient
              

 

Party Poppers or Party Poopers?

It’s that time of year again!

“Oh no!” we hear your cry

As the Christmas period rapidly approaches, once again we remind you of some tips for a smooth and hopefully problem-free Christmas. 

Decorations
We remind you of a few simple rules:  

When hanging Christmas decorations, ensure the correct equipment is used and only by those who are trained e.g. use appropriate ladders / access equipment rather than standing on chairs / desks / tables. Falls from height could cause broken legs (and we don’t mean the chair / table)!  

Make sure decorations don’t obstruct safety equipment such as smoke detectors, fire extinguishers, walkways or exits.  Also ensure they don’t obscure important safety signs/notices or emergency lighting, pose a fire hazard by being close to heaters or any other form of ignition. The Christmas lights should of course be PAT tested. Were they safely tucked in their box when the last tests were done and have been missed?  

Think twice about hanging up mistletoe.  With the publicity surrounding the #metoo movement, you should realise that it is not appropriate for anything to be endorsed by the employer that encourages what might well be unwanted physical contact or an approach that has an over familiar and possible sexual harassment connotation.  

Having a ‘bit of a do’ this Christmas?
Official Christmas parties are a rich source of employment law horror stories, from pranks that went too far, to complaints of being groped.

Where the ‘works do’ is arranged by work, paid for by work and attended by employees and sometimes partners / family, this is likely to be seen legally as an extension of the workplace. This can render the employer vicariously liable for incidents that occur!  
Planning:

  • ensure you pick a suitable venue/event (the wrong type of venue might mean that a proportion of the workforce cannot attend for example due to religious reasons);
  • ensure the venue has a reasonable good food hygiene rating scoring;
  • think carefully about the pro’s and con’s of a “free bar” (not just the cost - with employees ordering the most expensive Champagne by the bottle etc., but the potential consequences of employees over indulging in their alcohol consumption);
  • arrangements for getting home – make sure arrangements are in place for employees to get home safely AND MAKE SURE no employee intends to drive home if they are going to consume alcohol (we don’t want an employee driving over the legal limit).

Problem Areas:

  • someone says something they don’t mean (or perhaps would not say if sober) which upsets colleagues; or
  • someone ‘tries it on’ with a colleague (the ‘advance’ may not be welcomed and could amount to sexual harassment, again thinking about #metoo); or
  • two employees argue and fuelled with alcohol, it turns into a fight; or
  • people take photographs at the event and upload them to social media;
  • if the day after is a working day – employees attend late or attend under the influence of alcohol.

When work colleagues organise their own ‘bit of a do’, we need to point out that colleague ‘get-togethers’ could also be deemed an extension of work. Even though not paid for by work the Employer could (depending on the facts) be liable for any unfortunate events at that function!  

So, what should you do?
Whilst nothing is simple these days, you can take a few straightforward precautions. 

When inviting staff to the office party, include a comment:

  • remind them that it is a ‘Company event’ and they should bear in mind that they are representing the company and that the usual standards apply. In other words, they are expected to behave. Ask them to act sensibly and do not do anything that damages the reputation of the organisation or upsets or offends colleagues or anybody else. 
  • remind them of the social media rules - do not upload pictures taken at the event to social media websites without the permission of the people in the picture; and to take them off the website immediately anyone instructs them to do so;
  • remind them not to drink and drive; and suggest they plan beforehand how they are going to get home after the event – e.g. by taxi, being collected (or make sure they know the time of the last bus/train)

And if you are providing food – if ‘bought in’ then the provider should adhere to appropriate food standards and should provide allergen information.  Reputable providers will do this.  Ask them for evidence this is so.  You need to make allergen information available.  The specific regulations will not apply if you are not a ‘food business’ operator.  Though if you are buying items and making them up yourselves, you still have a general duty of care. 

This will prompt you to make sure good food hygiene precautions are applied and that you enquire from staff if they have any particular food allergy or intolerance.  

You should avoid preparing food too far in advance and leaving it out in a warm room for too long.  Wherever possible keep foods such as cooked meats, sausage rolls, quiches, meat pies, rice dishes, prawns, cream cakes and trifles etc. (the high-risk foods) in a refrigerator until ready for serving.  

We hope we haven't come across as being overly 'bah humbug' and that these words don’t subdue your celebrations too much and that you have a very happy and hassle free Christmas and New Year and if you are having a Christmas ‘do’ this year – we hope you have a good time and that it is problem free.

If you need any more information about the potential pitfalls during the Festive Season please give us a call on 03456 446 006. 


 

 

 

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The advice and comment in this update is not meant to be an authoritative statement of law. The articles and summaries should not be applied to any specific set of facts and circumstances without seeking further advice. Whilst every care is taken to ensure that the content is correct Sentient cannot accept responsibility for the accuracy of statements made nor the result of any actions taken by individuals after reading such.

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