Skip to main content

Insight article

January 10, 2019

Misbehaviour at the office Christmas party?

Litigation involving the antics of misbehaving employees at the office Christmas party have not only shown that sometimes fact is stranger than fiction, but that on occasion the long-awaited Christmas party can go badly wrong.

Whilst it would be hoped that most employees return to work following a Christmas break with nothing more remarkable than the post-Christmas blues, on occasion, employers can be dealing with the fallout from an office party disaster.

Employers can be held vicariously liable for discriminatory acts of employees – even if the event is held off-site and out of normal working hours.

The same can be said for liability for injury to a member of staff inflicted by another. Recently, in the case of Bellman v Northampton Recruitment Limited, the Court of Appeal ruled that a company was vicariously liable for the conduct of its Managing Director at a Christmas party following a physical attack on one of the employees by the MD, leaving the employee severely disabled.

In 2015, in an equally strange set of facts, a claimant brought an unfair dismissal claim in Westlake v ZSL London Zoo. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague over a love triangle involving another zookeeper. The exact details of the incident were disputed, but one of the individuals was hit in the face with a glass that Ms Westlake was holding. London Zoo decided to dismiss Westlake for fighting with a colleague, with the other member of staff involved given a final written warning. The tribunal stated that since the employer was unable to determine who started the fight, it was legitimate to dismiss both individuals or give both final written warnings – it was unfair to treat them differently. The unfair dismissal claim was upheld, but the tribunal decided to reduce the award to zero because of the conduct of the claimant.

A further example of the perils of the Christmas party is Bhara v Ikea Limited, in which, what is described as a tussle took place between two colleagues. Mr Bhara was dismissed, and it was found that the dismissal was within the range of reasonable responses and was, therefore, fair, even when the employees involved in the incident did not feel it was particularly serious.

These cases are ample demonstration of the perils of the office Christmas party and the potential risks it can pose for employers. If misconduct occurs at the Christmas party, employers should ensure that they conduct a reasonably thorough investigation before any disciplinary action. Furthermore, in advance of the Christmas party, at risk of being accused of being the “Fun Police”, employers should have a clear policy on what standard of behaviour is acceptable and ideally issue a statement to employees in advance of the party to remind all staff.

For further advice and information, contact Karen Cole today.

Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • When charity shouldn’t begin at home
    The downfall of the Captain Tom Foundation is a cautionary tale of what happens when a charity gets too close to home — highlighting the complexities of charity governance and accountability in the sector. The foundation, created to continue the fu


    Read more
  • Six tips to make things simple for your executors
    An executor is legally responsible for carrying out the instructions set out in a will.


    Read more
  • Staying ahead in a changing legal landscape
    Regularly reviewing employment contracts and policies is essential for legal compliance and risk mitigation. Stay updated on legislative changes, workplace trends, and best practices to protect your business and employees.


    Read more
  • RIAA Barker Gillette (UK) acts for Alexander Nix in Commercial Litigation
    Press Release


    Read more
  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more

What they say...

  • Mikaela, February 2025
    “Martin was brilliant – so professional and personable. He clearly has a lot of expertise, and we always felt were in safe hands. He’s always available to speak on the phone, and is incredibly patient and reassuring. He worked effic

  • Bibiana Farenzena, February 2025
    “Victoria Holland and Evangelos Kyveris I want to thank you for your involvement and efforts on this case. You have been immensely helpful, and I appreciate all your knowledge and advice regarding this matter.”

  • Dabid Shaw, February 2025
    “Excellent , personalised one to one client care. Options laid out in a comprehensible manner. Fees appropriate for service provided.” Herman Cheung

  • Michael, February 2025
    “Martin was great to work with, despite a very difficult first buyer, second time round was the charm! Thanks to Sharon too.”

  • Annette, February 2025
    “We contacted RIAA Barker Gillette to get our wills arranged. Herman was professional & helpful with all aspects of the process. He explained everything clearly, notified in writing everything we discussed & answered the many questions

Read more
Send this to a friend