Beware of festive legal pitfalls

With the countdown to Christmas well under way, the Forum of Private Business (FPB) is urging employers to avoid the potential pitfalls of the festive season. The FPB is warning business owners to be aware of the seasonal dangers that could potentially leave then with a nasty financial hangover long after the decorations have been taken down. The festive period presents a number of issues, ranging from health and safety  to staffing rotas, which can leave employers open to litigation or staff disputes. But as the FPB’s business adviser, Joanne Eccles explains: “With their mix of drink, high spirits and merriment, Christmas parties are still the number one source of potential problems.” In order to comply with workplace legislation, the Forum is advising business owners to: • Avoid pressurising staff to attend Christmas parties. Some staff may not want to attend due to factors such as faith or abstinence from drink • Let staff attending parties know in advance what acceptable standards of behaviour are expected of them. Make it clear that your usual disciplinary policies apply, even if the party is being held away from the workplace. • Watch out for drug use! Under the Misuse of Drugs Act 1971, it is an offence for an employer to permit or even ignore drug use on their premises. Drug use in the workplace may also constitute a breach of health and safety regulations. • Make it clear to staff if they are expected to turn up for work as normal the following day, hangover or not. Also don’t forget to by example – research suggests that senior managers are more likely to call in sick the day after a Christmas party than junior staff members. • Keep it clean and don't let the tipple flow too freely. Saucy gifts and games could easily lead down the dangerous path to a tribunal, while too much alcohol could spark arguments and fights, leaving employers dealing with tricky disciplinary issues. • Business owners should also remember to act professionally when socialising with staff and not let anything slip which they wouldn't do in the office, such as personal opinions of other employees.