ADVISORY, CONCILIATION AND ARBITRATION SERVICE
                                                                30 November 2005  
ACAS GIVES COMPANIES FREE 'HAPPY CHRISTMAS PARTY' ADVICE
  
Christmas is a happy time - or is it?  People can get overexcited and may act out of character.  We've all heard the story about employees
photocopying certain parts of their anatomy on the office machine.   But what can an employer do about it?
  
Many organisations find themselves with problems on their hands over the Christmas period, particularly the fall-out from the office
party.  And the answers are not always as simple as managers may think.
  
By thinking about potential problems now and preparing, companies can help make it a happy Christmas for managers and staff and minimise
the risk of employment tribunal claims. Acas' helpline gets hundreds of calls every Christmas from organisations with problems - here are
some we prepared earlier.
  
Q. What if an employee who has clearly drunk too much at the office Christmas party is planning to drive home. It's not your responsibility is it?
  
A. Wrong. As an employer you have a 'duty of care' for your employees. So as it's the company's party you need to take some responsibility. Think about travel arrangements and maybe end the party before public transport stops running. Or provide the phone numbers for local registered cab companies and encourage employees to use them.
  

Q How can you make sure people don't get too drunk and fail to turn up for work the day after the party?
  
A Make sure there are plenty of non-alcoholic drinks and enough food. Before the party ensure that all staff are aware that disciplinary action could be taken if they fail to turn up for work and there is reason to believe it is due to too much booze.
  


Q What if an employee suffers verbal abuse about being gay at the local pub before the party - it's not on work premises so it's a matter for them isn't it?
  
A Wrong. Going to the pub before the office party counts as an extension of work and so all the laws covering discrimination still apply. Make sure the company has policies in place on bullying and harassment and discrimination and that everyone knows what they are.
  

Q. What if you can't afford to pay a Christmas bonus this year although you have paid it for the last ten years. Employees will be
disappointed but there's no problem with the law is there?
  
A Wrong. Even though the bonus is discretionary staff can argue that it has become contractual through custom and practice. Before deciding not to pay tell staff why you feel unable to pay it and try to agree a solution. For example, you could offer to pay a proportion of the bonus or stagger payments in the next few months. Or you could offer to pay the drinks bill at the Christmas party!
  
Rita Donaghy, Acas Chair said:
  
"If companies have policies and procedures in place which cover the key issues like discipline and grievance, bullying and harassment, discrimination and absence they are in a much better position to handle these sorts of issues which can happen at any time, not just at Christmas.
  
"Our helpline staff are very broad-minded and with many year's experience of giving advice on employment relations the chances are they have heard it before. So if you do have any employment relations queries give them a call. I'm confident they will be able to help.
"But don't let potential hazards put you off organising something for Christmas. Staff will feel valued if you treat them right. Think about asking them what they want to do and ask for suggestions on how to cater for any problems upfront."
  
And finally...
  
What do you do with those photocopies of bare flesh?! Perhaps the best option is to destroy the evidence and keep quiet.
  
Notes
  
1 The Acas helpline  - 08457 47 47 47 is open from 8am to 6pm Monday to Friday.
  
2 Acas runs training courses to cover these and other Christmas issues in more depth.  For more information look on the Acas website
at  www.acas.org.uk

3 Acas' aim is to improve organisations and working life through better employment relations. It provides information, advice, training and a range of services working with employers and employees to prevent or resolve problems and improve performance. It is an independent statutory body governed by a Council consisting of the Acas Chair and employer, trade union and independent members.
  
Acas National
Brandon House, 180 Borough High Street , London SE1 1LW
  www.acas.org.uk
 (17/12/05)