This time of year is usually filled with festive cheer and the greatly anticipated office Christmas party. But with the UK in various lockdown tiers and accompanying restrictions, the Christmas party seems like a pipedream. But fear not, because this is the year of all things virtual, not least the virtual Christmas party!
Christmas parties can be great morale boosters for the business, and this year more than ever a morale boost is certainly needed. A virtual party will bring employees together no matter where they are. This will help combat loneliness at work and perhaps boost employee engagement, as well as maintain work place wellbeing.
However, without wanting to sound like the Grinch, employers and employees alike should be aware of the potential risks of inappropriate behaviour, that are just as likely to arise virtually as they are in real life. Christmas parties are often the time when people's professional and personal lives meet. The Court of Appeal case of Bellman -v- Northampton Recruitment held that the company was vicariously liable for injuries caused by an employee after a work Christmas party had ended. This is a timely reminder that an office Christmas party is treated in law as 'an extension of the workplace', even if it is held off-site and outside working hours. Therefore, a virtual Christmas party is no different (a physical, as opposed to virtual presence, is irrelevant). Employers, and employees, can remain liable for acts of harassment, unlawful discrimination, or other unwanted conduct.
With so many people working from home, the boundaries between work and private life have become even more blurred. With this comes the risk that usual office etiquette is abandoned. People may let their guard down in more casual environments, particularly when fuelled by alcohol, which in turn may increase the potential for online bullying and harassment. This could result in more than just a nasty hangover, it could result in disciplinary action, dismissal, grievance or harassment complaints, and/or an employment tribunal claim against both the employee/perpetrator and employer. It does not matter if an ill-judged comment was not intended to cause offence, if it has the effect of doing so and relates to a protected characteristic then it will fall foul of the Equality Act 2010 (the Act).
However, under the Act employers have a defence if they can show they took all reasonable steps to prevent employees from committing discriminatory acts. For this reason, employers may want to consider the following tips to help achieve a trouble-free virtual Christmas party:
Remind staff of acceptable behaviour
Businesses can reduce the risk of problems in the new year by reminding staff about acceptable behaviour. Employers should point staff towards their discipline and grievance policies, equal opportunities and harassment policies, and make sure they are aware that as it is a work event, rules do apply. Employers may want to go a step further and implement a specific policy on behaviour at office parties. Obviously, this should be done in the appropriate way so as not to put too much of a negative feeling on what also should be seen as a fun event. While this can appear 'Scrooge-like', it will assist employers in defending any subsequent claims and illustrate that action was taken in advance to protect employees.
The invitation
Employers should not insist all staff attend the virtual Christmas party. Some employees may not want to attend for religious reasons, which is perfectly acceptable.
Entertainment
If you have hired virtual speakers or entertainers, perhaps provide a briefing in advance to ensure that their material is suitable and will not offend or expose the employer to risk.
Secret Santa
Be as inclusive as possible. If some staff are not included in the virtual secret Santa, is this bullying? Additionally, staff should be careful not to buy gifts that could be perceived as being offensive. Some gifts, which may be very funny to the giver and onlookers, may not be well received by the recipient and could spark complaints.
Alcohol consumption
Many employers are sending wine or gin tasting kits to employees in advance of the virtual Christmas party. While employers will not be able to limit the amount of alcohol consumed, ACAS advises that they 'think carefully about making the event as inclusive as possible, so that everyone can enjoy it. Employers need to be sensitive to employees who do not drink alcohol or who do not eat certain foods', perhaps for religious reasons. Failure to do so could result in complaints of religious discrimination.
Social media
The popularity of sites such as Facebook and Twitter makes it very tempting to post unflattering photos of your boss or work colleagues; we have all seen the rise of photos taken of computer screens holding a Zoom or Teams event. Employees may also feel emboldened by alcohol, to post derogatory comments about their employer and/or colleagues during or after the party, or make such comments on the 'chat' facility of a Zoom or Teams call. This can lead to disciplinary action on a variety of grounds, for example bringing the company into disrepute and cyberbullying. Advice is to remind employees about its social media policy and the sanctions that could be imposed should it be breached.
Post-party absenteeism
Employers should be clear about their expectations regarding absence the next day, for example, are employees permitted to 'log on' late? Have they been allowed a later start in the past? It may be very difficult to prove an employee is 'pulling a sickie' while working from home. You will have to be sure this is the case before pursuing disciplinary action otherwise, any subsequent sanction, could be considered unfair. Additionally, consider the Data Protection Act before implementing covert monitoring of employees.
Post-party complaints
Ensure these are dealt with properly, consistently and in line with employer policies.
Finally, employers should ensure that their online party is secure for obvious reasons.
Summary
Creating a virtual company culture and motivating and engaging employees is more important now than ever, as everyone grapples with the side effects of the pandemic. Businesses must regularly connect with their employees and think outside of the box to excite and engage employees through virtual experiences, events and team building activities. While no one wants to dampen the mood at Christmas, it is prudent to follow the above pointers in order to keep the employment law ramifications to a minimum. Overall we hope your virtual Christmas party is filled with fun and festive cheer.
Merry Christmas!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.