Christmas Party Cases
For the past couple of years many employers have been unable to host Christmas parties due to a combination of lockdowns, restrictions on numbers and general hesitancy about socializing in large groups. This year with COVID in the rear view will see a return to the status quo. This presents a nice opportunity to remind employers of some of the more interesting, shocking and outrageous cases that have arisen due to Christmas parties
Judge v Crown Leisure Limited
In this case an employee was given verbal assurances of a pay rise by a director during the Christmas party. This was never followed up in writing but the employee resigned after the pay rise did not materialise. The resignation came two years after the party!
The employee claimed constructive dismissal but the Employment Tribunal held that an informal promise of a pay rise in an informal setting did not amount to a contractual term that the employer could be in breach of. As such the claim was dismissed. If the promise was found to be a contractual term it is likely a resignation two years later would not be sufficiently close or proximate to be a resignation because of the breach.
Westlake v ZSL London
In this case the Claimant was a zookeeper in a work place relationship with another zookeeper. Unfortunately her partner had previously been in a relationship with another colleague and this caused tension between the two. At the Christmas party a fight broke out in the coatroom between the Claimant and her love rival. Whilst it wasn’t clear who started the fight the Claimant did smash a wine glass on her colleague’s face causing a deep gash.
The Claimant was dismissed but her colleague was not. She argued the sanction was unfair as her colleague was only given a final warning. The Employment Tribunal agreed as both had committed violent conduct and the instigator of the fight was unknown. Despite the facial injury being more severe, violent conduct alone was misconduct worthy of dismissal. Despite the dismissal being unfair a 100% deduction for contributory was applied as the nature of the misconduct was so severe.
Nixon v Ross Coates Solicitors and another
A tale of office gossip. The Claimant was in a relationship with a colleague. At the Christmas party she was spotted kissing another employee and going up to his hotel room. After the Christmas shutdown, some holiday and a period of sickness absence the employee returned to the office the following February and was pregnant. This led to rumours about the paternity of the child and the Claimant raised a grievance, requested a transfer to a different office and refused to return to work until the matter was resolved.
The employer refused the transfer and did not pay the Claimant for her absence. She resigned and sought constructive dismissal. The Employment Tribunal allowed the claim as the Respondent should have allowed the transfer and investigated the grievance. However a deduction was made for 90% due to the Claimant causing the rumour that led to her resignation by being publicly kissing her colleague and going up to his room.
The above cases are some of the more extreme and salacious examples of office Christmas parties but the same advice always applies:
- Advise staff of their conduct before the event. Whilst a party it is also a work event the ramifications of indecent, raucous or scandalous behaviour could amount to misconduct and lead to dismissal. This notice should be given in writing before the event.
- Do not take action on the night. Most years solicitors hear about drunken managers dismissing employees on the spot for (often blatant) misconduct. Whilst this dismissal are likely to have heavy deductions applied if successful by simply waiting until the following day and following a fair procedure the risk of a claim is nil.
Remember that just because something happens outside of the office or normal working hours it does not make it outside the course of employment. This goes to both disciplinary issues and grievances. Employers can often deny a grievance because the party was not on work time whilst looking to dismiss for an offence that happened at the same event.
