Christmas Party Conduct

16th December 2019

During the festive season many employees will attend Christmas parties, it is important to remind all staff that whilst they are not in working hours during this time, an employees conduct can still have an impact on their role in the workplace.

Senior Leadership Teams should be reminding employees of the impact inappropriate behaviour on a works social event can have on their employment and also be advising of the expected level of conduct.

Below are examples of tribunal cases brought following dismissals due to conduct at a Christmas party.

Cordiner v Virgin Media Limited Ms Cordiner was dismissed for her conduct at her work Christmas party, including racially and sexually offensive language and sexually harassing a male colleague. The dismissal was found to be fair.

Westlake v ZSL London Zoo Two zookeepers got into a fight at the Christmas party and both were disciplined. One received a final written warning and one was dismissed. The dismissal was held to be unfair on the basis that the other zookeeper was not dismissed, despite there being no evidence of a material difference in their respective levels of culpability.

Similarly, in Jones v MBNA, Two colleagues who became involved in a scuffle at a Christmas party were disciplined but received different sanctions. In this case, however, it was considered fair that Mr Jones was dismissed when his colleague was not because it was found that Mr Jones had acted in a more serious manner in the circumstances.

Gimson v Display by Design In this case an employee was dismissed for punching a colleague while they were walking home from the Christmas party. The employment tribunal held that, although this took place after the party had ended, it was still sufficiently closely connected to work and the dismissal was fair.

In cases where the dismissals have been considered fair by an Employment Tribunal, a thorough and fair investigation has taken place in line with the employers Disciplinary policy.

For further support, please contact your Heads HR Consultant on 0161 850 4343.