Civil servants who are not invited to Christmas parties by colleagues could bring legal claims for discrimination, according to advice from their largest union.
The Public and Commercial Services Union has told its members they may have grounds for an employment tribunal case if they suspect exclusion is due to protected characteristics like age, gender, religion or ethnicity.
The union warned that sexual harassment and inappropriate behaviour remain unacceptable at social events, stating: “This includes unwelcome comments, gestures, or physical actions.”
They emphasised that alcohol consumption would not be considered a valid defence for misconduct, with employers obligated to address such issues seriously.
Alcohol consumption would not count as a grounds for defence according to the union
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Protected characteristics that could form the basis of discrimination claims also include disability, gender reassignment, marriage and civil partnership, and pregnancy and maternity.
Recent tribunal cases have shown significant compensation awards for party-related discrimination.
A pregnant woman received £20,000 in compensation earlier this year after being deliberately excluded from festivities following her pregnancy announcement.
In 2021, a new mother was awarded £9,000 after being left out of last-minute Christmas drinks while on maternity leave.
However, not all claims succeed. An HR adviser who sued for age discrimination after colleagues chose clubbing over a restaurant lost her case, with the judge ruling that disagreement over venue choice did not constitute discrimination.
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Employers have been warned about staff behaviour at Christmas parties
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Jim Moore, an employee relations expert at Hamilton Nash, warned employers about “vicarious liability” at Christmas parties.
“A party that takes place out of office hours is still a work event, and leaders and managers can quickly find themselves in hot water for an employee’s bad behaviour,” he told The Times.
He expressed alarm at how many employers were unaware of their duty of care to staff. Sexual harassment and inappropriate behaviour fuelled by company-provided alcohol are among the most common complaints in tribunal cases.
The number of tribunal cases citing Christmas parties has fallen from 22 in 2021 to 10 so far in 2024.
However, experts predict this number could rise following new legislation. The Worker Protection Act already requires employers to take reasonable steps to protect staff from sexual harassment.
Under new government plans, employers will be liable unless they can prove they took “all reasonable steps” to prevent harassment.
This includes protecting staff from third-party harassment during employment.
Moore warned: “Too many employers are not taking their responsibility seriously, and we’re fearful that the new year will bring a new rush of tribunal cases in this area.”
The Act is particularly relevant for hospitality employers whose staff will encounter intoxicated revellers during the festive season.
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