New discrimination laws to be tested by Christmas parties
Alcohol, bad behaviour and office Christmas parties are a well established combination. Thanks to new anti-discrimination laws in the UK there is now a greater chance that the resulting indiscretions will lead to a law suit.
This month it became unlawful for an employer to discriminate against an employee on grounds of 'religion or belief' or sexual orientation. Lawyers say this could increase the numerous enquiries they already receive after Christmas party season and provide some early tests of the new regulations.
Naomi Feinstein, an employment lawyer at Lovells, a law firm, said: 'There are usually two potential problems at Christmas parties, one is gross misconduct induced by alcohol; the other is harassment.'
Feinstein said the new regulations will broaden the scope for complaints. For example, anyone who does not drink alcohol for religious reasons and is taunted for it at a Christmas party could potentially bring a claim. She advised employers not to make attendance seem mandatory and to provide alternative food to cater for different religions' dietary rules.
Jane Mann, an employment lawyer at Fox Williams, said the sexual orientation regulations require employers to invite employees' same sex partners to parties to which heterosexual partners are invited.
Fox Williams said Druids and white witches may be able to complain of discriminatory behaviour under the 'belief' provision, as well as claim time off to celebrate the winter solstice on December 22nd.
David Dalgano, an employment lawyer at McDermott Will & Emery, said employers are liable for employees' bad behaviour at office parties unless they can show they took all reasonable steps to stop it.
Claims brought under the new regulations can lead to unlimited compensation, as was already the case with sex and race discrimination. Banks are making sure human resources staff understand them by sending them on training courses - though with general employment issues in mind, rather than parties.
The head of human resources at one bank said he preferred to assume staff would behave well at their office party.
