Guidance on Christmas Parties and Bullying - Nov '09

The Christmas party season is upon us again and each year numerous cases come before the Rights Commissioner and the Equality Tribunal concerning allegations of bullying, harassment and sexual harassment. 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 only 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 provide 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!