Legal advice: 'Tis the season to be wary

Our legal team looks at the possible sex discrimination claims that may arise after alcohol-fuelled Christmas parties.

By thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

We are now entering the season of good cheer and goodwill when we expect to enjoy ourselves. But in our society, said to be suffering from a compensation culture, employers are beginning to view the run-up to Christmas as a risky time writes Rebecca Caws.

One of the main risks is a possible sex discrimination claim resulting from events at the work Christmas party. So here is a quick reminder of the position.

We recently wrote about the introduction of a new definition of harassment. This now includes sexual harassment and harassment of a sexual nature and it is anticipated that it may now be easier to succeed in a claim for sex discrimination. So why is this more of a risk at Christmas time?

Many of the work formalities that exist during the rest of the year seem to disappear at the Christmas party and nine times out of 10 that is great for everyone involved. But sometimes the combination of alcohol, informality and the party atmosphere turns sour.

A classic example would be inappropriate behaviour from an assistant bar manager chatting away to a new junior at the work Christmas party. After a few more drinks he becomes more flirtatious, which he would not do if they were at work. The junior finds it difficult to be rude because this man is her boss. He misinterprets this and makes a drunken lunge. Given the circumstances many of us will see how easy it is for situations to get out of hand.

So what should you do if you want to have a good Christmas party while also limiting the risk of repercussions? If you already have policies which deal with discrimination and alcohol, remind your employees (in as relaxed a manner as possible) of their duties.

Even if you haven't yet got policies in place, let them know the standards you expect and give a gentle reminder that inappropriate behaviour could be a disciplinary matter.

Try to shift the emphasis from alcohol at the party - this is not always easy, but make sure food and plenty of soft drinks are available and if anyone is a little worse for wear, deal with it as soon as possible. This will show that you are taking steps to limit the risks. And if you are an employee - enjoy your Christmas work do, but mind what you do and say!