During the festive period, many managers and HR departments unfortunately find themselves faced with disciplinary issues arising from misconduct at the Christmas party.
What action should be taken when companies experience difficult scenarios during work Christmas parties? How can you resolve these? In this short article, we’ll outline an example step by step response to a misconduct situation you may experience at the Christmas Party.
Firstly, can incidents that occur outside of the workplace be considered a disciplinary offence?
A disciplinary issue that HR is often faced with over the festive period is physical altercations between employees at works functions. It’s important that, when such issues arise, managers act in a reasonable way in order to resolve the situation.
It is often questioned whether, if an incident occurs outside of the workplace, it can be considered a disciplinary offence?
As a general rule, if an incident occurred during a work-related social function then, yes. This would fall within the remit to be considered a work-related disciplinary offence. Therefore the company disciplinary procedure applies.
What should you do first?
The first step might require a suspension of both individuals, particularly where the offence is linked to gross misconduct. The Company does have a responsibility to ensure that similar incidents don’t re-occur in the workplace. Therefore it is likely to be necessary to suspend one or both of the employees whilst a full investigation takes place.
Once a suspension has been confirmed it is then important for the Investigating Officer to carry out a thorough investigation into the alleged misconduct. This is to establish the facts of what happened. This is likely to involve speaking to the individuals concerned and other employees that witnessed the altercation.
Depending on the circumstances, this might also involve investigation with the venue/organisers. For example, obtaining independent witness reports from venue staff such as security staff. However this might not always be possible or necessary.
The disciplinary hearing
Once the investigations have been concluded you’ll need to consider the next stage. Where it has been determined that there is evidence to support the allegations, both employees will need to be invited to disciplinary hearings before any outcomes are determined.
Depending on the circumstances, the Chair could find different disciplinary outcomes for each employee. For example, where there is evidence to suggest that one employee was more responsible for the altercation than the other.
What is a reasonable disciplinary outcome for misconduct at the Christmas Party?
The outcome of the disciplinary proceedings is very much dependent on the facts of the individual case and the company’s disciplinary procedure. In most cases, physical violence is deemed to be an act of gross misconduct and therefore is likely to lead to summary dismissal.
Looking ahead – how can we prevent misconduct at the Christmas Party?
In some cases, employers try to take preventative measures by sending out memos prior to Christmas parties to remind staff of company policies with regard to dignity at work and bullying and harassment.
Employees could also be warned that although parties take place outside of working hours, they should treat individuals with the same level of respect that is generally expected whilst at work. Issuing such memos can provide employers with an added defence to prove they took steps to warn employees of the likely outcome of any unacceptable behaviour.
More resources:
Watch our video with Employment Lawyer Tim Davies on how to avoid HR issues at the Christmas party.
If you’re dealing with a situation following misconduct at the Christmas Party, please contact our team for support.
