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All legal reasons you can officially be sacked for following your work Christmas party

Home> Lifestyle

Updated 15:52 3 Dec 2024 GMTPublished 15:48 3 Dec 2024 GMT

All legal reasons you can officially be sacked for following your work Christmas party

Annual reminder that the work Christmas party is not the place to make a t*t of yourself...

Brenna Cooper

Brenna Cooper

After another long gruelling year we have finally made it to the month of December, which means that Christmas - and the yearly work p*ss up - is finally around the corner.

But as you're busy putting up the tree, blasting festive songs and breaking open the doors on your advent calendar, it's important to share the annual reminder not to get too rowdy at your work's do - as it could see you waking up the next day full of regrets... and potentially unemployed.

Here is your annual Christmas dont's reminder (Getty Stock Images)
Here is your annual Christmas dont's reminder (Getty Stock Images)

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We've all heard the horror stories of unlucky employees who've made some seriously questionable decisions after having that fateful last drink, with people finding themselves in hot water for everything from fighting to harassment of co-workers.

But what does the law say when it comes to reasons you could find yourself handed with a P45 following the office do?

Employment law specialist Alexandra Bullmore, who previously spoke to WalesOnline about the matter, was keen to reiterate that while a Christmas party is a time for employees to have fun, normal workplace rules still apply.

Gross misconduct

"Employers will potentially be liable for anything an employee does at the Christmas party," Bullmore explained.

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She continued: "The usual work policies and procedures, including those to do with gross misconduct, will apply at any work organised Christmas party.

"Employees should be very careful to ensure that they do not do anything that may mean disciplinary action is brought against them."

Examples of gross misconduct can include harassment of other employees, insubordination and property damage.

Drunken behaviour

After spending the past 11 months working hard no one can blame you for wanting to let your hair down a little, but as Bullmore mentioned earlier, the Christmas party is an extension of the workplace, so any bad behaviour from drinking doesn't just vanish the next day.

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The excuse of companies providing a free bar won't wash either, with Owen John, partner at law firm Darwin Gray, adding that free alcohol isn't an excuse for an employee acting badly.

Make sure you behave this year, unless you want a P45 for Christmas (Getty Stock Images)
Make sure you behave this year, unless you want a P45 for Christmas (Getty Stock Images)

"If the employee commits an act of gross misconduct an employer can discipline that employee and, if it's sufficiently serious, potentially dismiss that employee. The fact that the employer put on a free bar will be no defence for the employee," he said.

Fighting

This one's pretty obvious, but getting into a scrap on your Christmas do will obviously lead to a serious conversation with HR as fighting is considered gross misconduct.

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"Although fighting will most likely justify dismissal it is imperative that employers carry out as thorough investigation as possible," Sarah Austin of Cardiff and London-based firm Capital Law said.

"In recent cases a failure to identify who 'threw the first punch' and resulting inconsistent treatment of those involved has led to findings of unfair dismissal."

Perhaps a helpful rule of thumb to remember is that if you can get fired for doing something in the office, you can also get fired for doing it at the Christmas party.

Featured Image Credit: Getty stock photos

Topics: Jobs, Christmas, Alcohol

Brenna Cooper
Brenna Cooper

Brenna Cooper is a journalist at LADbible. She graduated from the University of Sheffield with a degree in History, followed by an NCTJ accredited masters in Journalism. She began her career as a freelance writer for Digital Spy, where she wrote about all things TV, film and showbiz. Her favourite topics to cover are music, travel and any bizarre pop culture.

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@_brencoco

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