Companies concerned that rowdy Christmas parties could lead to breaches of new sex discrimination laws

While in the past, inappropriate drink-fuelled antics at the Christmas party have often been dealt with by a slap on the wrist or disciplinary procedures, this year companies or the staff themselves could be forced to make huge payouts under anti-sex discrimination laws introduced in September.

Solicitor Sharon Peacock, a director at employment law consultants Law At Work

And in recent week firms have been contacting lawyers asking for clarity on issues such as whether letting women leave early to get ready for the Christmas party or risqué secret Santa gifts could be viewed as discriminatory.

Concerns have also grown that firms or employees could be taken to the Employment and Discrimination Tribunal if staff make sexual remarks, such as blonde jokes, at a Christmas party or if traditional acts like getting out the mistletoe need to be banned.

Solicitor Sharon Peacock, a director at employment law consultants Law At Work, said: ‘I have been contacted by about a dozen firms specifically about Christmas parties, and many more specifically about the new sex discrimination laws.

‘We deal with a lot of issues about behaviour at Christmas parties every year. But what is significant this year is the potential liabilities employees might face.

‘Previously you might have got called into the office or disciplined or you could have lost your job for inappropriate behaviour.

‘But with the introduction of the discrimination laws, there is now a potential personal liability for employees if they behave in a way viewed as discriminatory.

‘They could face a fine of up to £10,000 for an offence.’

She added that the best thing for firms to do was to brief their employees on what sort of behaviour is acceptable ahead of the Christmas party, but warned that she believed most have not done this.

The £10,000 fine is split between the worker and the business depending on how culpable each is viewed to be.

Mrs Peacock said that if employers are seen to have taken sufficient measures to prevent discriminatory behaviour, then the burden of the fine will fall on the guilty employee.

She also said that if an employee commits multiple offences then multiple compensation payments could be ordered.

‘If you commit one offence such as sexual discrimination and another like racial discrimination, you could have to pay compensation for each offence.

‘It’s yet to be seen in Jersey law whether each case will be treated separately. We are going to have to see what the courts are going to do.’

Mrs Peacock said, however, that employers should not be too alarmed by the new legislation as the employment tribunal would be encouraged to be ‘sensible’ with their application of the new laws.

She said: ‘What’s sensible is that a balanced approach to evidence will be taken and the victim’s viewpoint will be compared to the viewpoint of a “reasonable person”.’

‘Whether a reasonable person would view certain kinds of behaviour as offensive will be considered. They will also look at the victim’s past and take that into context.’

– Advertisement –
– Advertisement –