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Employment lawyer shares warning to anyone going to work Christmas party after woman woke up to HR email day after

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Updated 13:00 6 Dec 2024 GMTPublished 19:55 3 Dec 2024 GMT

Employment lawyer shares warning to anyone going to work Christmas party after woman woke up to HR email day after

The law expert has urged people not to do certain things before going on their work Christmas dos

Joshua Nair

Joshua Nair

An employment lawyer has revealed what to be wary of before heading to your long-awaited Christmas do.

December has finally arrived, and for some, it means hot chocolates and nights in, while for others, it means work or social Christmas parties galore and boozy nights out.

Understandable on both ends, but the last thing you want to do is misbehave at a work party, in front of your colleagues, or worse, your boss.

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That's exactly what this woman seemingly did, before getting a scathing email the next morning.

Misbehaving at a Christmas party could cost you your job (Getty Stock Photo)
Misbehaving at a Christmas party could cost you your job (Getty Stock Photo)

An email detailing your bad conduct from the night before, first thing in the morning after a heavy night of drinking, is the last thing you'd want.

But this woman, who shared the bad news on TikTok, was sacked as a result of what she did, which amounted 'to gross misconduct', and as she was in her probationary period, it was over for her in the role.

It's worth noting that a Christmas party is a good place to be a bit more laid back with the people you work with, but it's crucial that you don't take it too far.

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Legal experts have highlighted what not to do on these parties, but basically, if you wouldn't do it in the office, you probably shouldn't do it at the party.

Jayne Harrison, the head of employment law at National Solicitors & Lawyers Richard Nelson LLP, says that employees could now face harsher punishments for improper conduct at work events.

This is because of the new Worker Protection (Amendment of Equality Act 2010) Act 2023, which only came into play on 26 October this year.

Focusing primarily on sexual harassment, it puts stricter requirements on employers to take preventative measures to protect against sexual harassment.

The last thing you want is one of these emails the morning after (TikTok/@m21lly)
The last thing you want is one of these emails the morning after (TikTok/@m21lly)

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It can be anything from comments about someone's body or appearance, to hugging, or even kissing someone against their will.

Harrison, head of employment law at Richard Nelson LLP, said to LADbible: “While the Christmas party is an event to be enjoyed, it's important to remember there are boundaries and rules that must be respected.

“It’s worth noting that bad behaviour doesn’t just affect the individuals involved - it can create a hostile environment for others and damage team morale," she explained.”

Harrison went on: “Disciplinary action can be taken against any employees displaying bad behaviour as it will fall under gross misconduct whether it takes place at the office or a venue further afield.”

She concluded: “In these circumstances an employer can dismiss an employee as long as a fair procedure is followed involving an investigation.

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“Companies are vicariously liable for their employees’ actions and legal action can be taken against employers who fail to prevent situations in which harassment could occur.”

If you wouldn't do it in the office, don't try it at a Christmas party (Getty Stock Photo)
If you wouldn't do it in the office, don't try it at a Christmas party (Getty Stock Photo)

Employment tribunals now have the power to increase any compensation up to 25 percent as well, if companies have not done their duty to prevent harassment.

The four examples highlighted by the expert that could get you sacked are:

Acts of violence

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A no-brainer, if a situation gets messy, it could be classed as gross misconduct.

Theft

Some people might resort to stupidity after a couple, theft of any kind could result in trouble in or out of the workplace.

Inappropriate jokes

Everyone enjoys a joke with colleagues, but if you make an over-sexual joke or something out of order, it could be considered harassment, and it could lead to legal consequences under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Incapacity

This is for those that are partying on a weeknight with work the next day - still being drunk or incredibly hungover the next day could be a form of gross misconduct.

Harrison has urged companies to set behavioural expectations before any celebrations, while suggesting that staff be trained on the recent law changes.

Featured Image Credit: TikTok/@m21lly

Topics: Christmas, Community, News, TikTok

Joshua Nair
Joshua Nair

Joshua Nair is a journalist at LADbible. Born in Malaysia and raised in Dubai, he has always been interested in writing about a range of subjects, from sports to trending pop culture news. After graduating from Oxford Brookes University with a BA in Media, Journalism and Publishing, he got a job freelance writing for SPORTbible while working in marketing before landing a full-time role at LADbible. Unfortunately, he's unhealthily obsessed with Manchester United, which takes its toll on his mental and physical health. Daily.

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@joshnair10

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