Employment lawyer shares warning to anyone going to work Christmas party after woman woke up to HR email day after
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.
That's exactly what this woman seemingly did, before getting a scathing email the next morning.
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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.
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.
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.
“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.”
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
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.
Joshua Nair