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Graphite Free Employment Law Briefings

Please refer to the Graphite website for more information on these workshops and briefings (www.graphitehrm.com).

Practical Steps

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Practical steps

Managing the Fallout from the Christmas Party

Employers can be unsure what, if any, action they have to take should an allegation of inappropriate behaviour at a work-related social event be brought to their attention. The Employment Equality Acts, 1998 and 2007, and subsequent case law, has made it clear that employers can be liable for the behaviour of their employees at such events. The legislation does not just seek to protect employees from harassment in the workplace, but also in the wider course of what could be considered to be employment.

This article explains the responsibilities of employers in more detail when dealing with such an allegation.

Article Location: Login to the 'Client Zone' > Click on 'Dignity at Work - Equality' - Select article from under 'Practical Steps'

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Practical steps

An Employer's Responsibility in Providing Access to a Support Contact Person

As promised in the November Ezine, in this article we provide a summary of the presentation given by Tove Griffin at Graphite's Breakfast Seminar in October 2007. Tove's presentation explored the role of the Support Contact Person and how such a person is crucial in assisting an organisation to manage allegations of bullying or harassment in the workplace.

Tove Griffin is a Senior Consultant with Graphite HRM.

In organisations, a Support Contact Person is an individual who is trained to assist an employee who feels that they are being bullied or harassed in the workplace (or an employee who has had such a complaint made against them). A Support Contact Person will often be an internal staff member but can also be an individual who is external to the organisation. A Support Contact Person should listen, explain the rights to which the employee is entitled, and assist the employee in developing options to deal with the complaint. The Support Contact Person acts outside the agreed formal procedures which operate in an organisation to deal with such issues, and plays a supportive, neutral role.

Article Location: Login to the 'Client Zone' > Click on 'Dignity at Work - Equality' - Select article from under 'Practical Steps'

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Graphite Consultation Queries

For Premium and Premium Plus customers, Graphite provides a HR Consultation Service. As part of our regular monthly review in HR e-ssentials, Graphite HRM provides you with an insight into the type of queries we get through this consultation service.

Question: I have been told that should an allegation of bullying or harassment be made as a result of behaviour at the Christmas Party, an employee can use the Company's Dignity at Work Policy to pursue this complaint. What can I do to try to prevent inappropriate behaviour at this type of event, and protect the business from such allegations?

Answer: Each year numerous cases come before the Equality Tribunal concerning allegations of bullying, harassment and sexual harassment, and in some cases these acts have been perpetrated at the Christmas party, or other work-related nights out. The actions of employees at work-related social events may not just reflect badly on the employer and damage working relationships, but the employer may also be vicariously liable for such actions. Employers should put policies in place and take preventative action to:

1. Protect their employees from such behaviour; and
2. Protect the organisation from legal liability in such cases.

In order to protect the organisation from what could turn out to be a large compensation claim, certain preventative steps should be taken in order to ensure that the employer has discharged their responsibility for any possible acts. It is essential that HR and/or line management brief staff on their expected behaviour at any work-related social event.

Below is a list of precautions which should be taken:

• Raise awareness of the organisation's policies regarding Dignity at Work, harassment, sexual harassment and bullying in the workplace. All employees should have received a copy of this Policy, and should have returned a signed acknowledgement stating that they have read and understood the Policy;
• Provide training to staff in order to ensure that they are aware of what types of conduct constitute harassment, sexual harassment and bullying;
• Publicise the company Disciplinary Procedure, and ensure that employees are aware that they may be subject to disciplinary action for unacceptable behaviour at work-related social events. Again, all employees should have received a copy of this Procedure, and returned a signed acknowledgement stating that they have read and understood it;
• Notify all staff in advance of the party that alcohol consumption at any event should be moderate. Limit the amount of company-sponsored alcohol;
• Take care that any entertainment provided is suitable for a work-related event, and does not provide a forum for harassment, sexual harassment or bullying;
• Brief managers on how to deal with a situation where an employee's conduct threatens to get out of hand;
• Encourage staff to make arrangements for getting home safely, or lay on transport for the end of the night. Give appropriate warnings about drink-driving;
• In choosing the venue for the event, the employer must take care to fulfill their health and safety obligations to employees, and ensure that the venue is suitable for such an event and can cater for any employees with a disability.

Below is a sample memo, which could be distributed to staff prior to a work-related social event.

Dear colleagues,

This year's Christmas party is almost upon us, and in order to ensure that the event is enjoyable for all attendees, the company would like to take this opportunity to issue a few reminders to staff to ensure that the night runs smoothly, safely and enjoyably for everyone.

We would like to point out that this event is organised as a work-related social event, and as such the policies and procedures which govern your employment also apply to your conduct at the Christmas party. In essence this means that the policies and procedures outlined in the Employee Handbook will apply.

In particular we would like to draw your attention to the following policies. It is important that you make yourself aware of what are appropriate and inappropriate behaviours in this organisation:

• Dignity at Work Policy (incorporating definitions of harassment, sexual harassment and bullying);
• Disciplinary Procedure.

We also expect employees to act in a responsible manner with regard to alcohol consumption.

It is important to us that, at the end of the night, you continue to be safe, therefore we advise that employees consider using public transport or taxis in order to make their way home.

Otherwise, all that remains for me to do is to wish each and every employee a safe, peaceful and happy Christmas. We look forward to seeing you at the party!

Question: If both Christmas Day and St. Stephens Day fall on normal weekdays, what is an employee's entitlement to a public holiday benefit; also, what happens if they fall on a weekend?

Answer: The Organisation of Working Time Act, 1997, provides for the provision of a benefit to employees on a Public Holiday. All full-time employees, who are normally expected to work on the day that a Public Holiday falls, irrespective of length of service, are entitled to the benefit of one of the following in the event of a Public Holiday:

1. a paid day off on the day;
2. a paid day off within a month of that day;
3. an additional day of annual leave;
4. an additional day's pay.

Employers should specify at least two weeks before the Public Holiday which benefit will be applied. If the employer fails to do this, the employee is entitled to a paid day off on the Public Holiday.

The legislation also provides that where a full-time employee is not normally required to work on the day on which the Public Holiday falls, s/he will still be entitled to receive a benefit which is the equivalent to one-fifth of his/her normal week's pay.

For example, in the case of employees who work full-time, Monday to Friday, and Christmas Day and St Stephen's Day fall on a Monday and a Tuesday respectively, many employers will choose to close the business for the Monday and the Tuesday. Therefore, the full-time employees will not be required to attend their place of work on the Public Holidays, and as such, the employees will get the Public Holiday off, and get paid for the day. This is option a. above.

If, however, Christmas Day and St Stephen's Day fall on a Saturday and a Sunday, and the business operates on a Monday to Friday basis, the full-time employees are only entitled to one-fifth of their normal week's pay in respect of these Public Holidays. In practice a lot of employers will choose to close the business on the Monday and the Tuesday directly after the 25th and 26th December, and employees will receive the paid day off in respect of these Public Holidays, but this is actually over and above what is required by the Act.

The situation for part-time employees has also to be considered. A part-time employee must have worked 40 hours in the preceding five weeks to be entitled to a Public Holiday benefit. If the Public Holiday falls on a day when the part-time employee would be scheduled to work, s/he should receive one of the benefits outlined at a. to d. above, based on their normal daily working hours. Where a part-time employee is not normally scheduled to work on the day on which the Public Holiday falls, s/he is entitled to receive a benefit equivalent to one-fifth of his or her normal weekly pay.

Also bear in mind that an employee absent on annual leave retains their right to benefit from a Public Holiday falling during their period of leave.

Note: While December 27th may be a 'Bank Holiday' (i.e. banks and public offices are closed), it is not a Public Holiday under Working Time legislation.

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