The Olympics begin on 27th July when the torch reaches the Olympic Stadium and end on the 12th August.

Your Company may decide to organise social and/or corporate events to celebrate the Games. However you need ensure that your employees are fully aware of the standards expected of them when they are representing your Company outside of the formal workplace and the potential consequences if they do not meet the standards expected.

As well as social/corporate events and parties, consideration also needs to be given to employee conduct away from the workplace during business trips.

Case example

Here’s an example of a case where an employee was dismissed following misconduct on a business trip: Thornalley V Linkage Community Trust.

Ms Thornalley was on a business trip with her colleague Ms Barker. It was a two day market research trip to visit ten establishments requiring them to stay overnight in a hotel.They spent the evening in the hotel and drank several bottles of wine. After behaving in a drunk and disorderly manner disturbing other guests and causing damage to the room, the hotel complained to the Trust as the room had been booked under the Trust.During the Trust’s investigation it became apparent that they had also failed to visit all of the ten target sites. The Trust dismissed Ms Thornalley and Ms Barker for their unprofessional approach to the marketing exercise and bringing the Trust in to disrepute by their conduct at the hotel.Ms Thornalley brought a case for unfair dismissal to a tribunal. However the tribunal held that the Trust had been right to dismiss her as had her behaviour got out the press would have had a field day and she failed to take responsibility for her actions.They concluded that the Trust’s decision to dismiss Ms Thornalley was not outside of the range of reasonable responses.

Employer liability

As with any work related social event, care must be taken by employers to ensure you are not liable for any activities your employees might undertake.An employer will only be liable where the conduct of the employee is ‘in connection’ with the workplace.In some cases this will be obvious, for example, bullying or discrimination that takes place on work premises.Where the line becomes blurred is where the conduct takes place outside of the workplace and out of normal working hours, particularly at work related social gatherings and during business trips.
What steps can our Company take to avoid misconduct outside of the workplace?Reasonable steps will include making it clear to employees what is expected of them during social gatherings or activities outside of the workplace.Here are some top tips:

  • Consider whether an employee’s alcohol-fuelled misconduct outside of work justifies disciplinary action where their conduct brings the company into disrepute or where they are unable to perform their role
  • Make clear what behaviour is acceptable. You are not going to discipline staff for getting a little tipsy but fighting, being abusive or bringing the Company into disrepute would be taken very seriously
  • Sexual harassment is an obvious risk. Company Diversity policies and training should make it clear that inappropriate behaviour or comments will not be tolerated. Consider refresher training or a timely note prior to any work related social events
  • If any such allegations are made during or after the event, the key thing to remember is to follow your usual disciplinary process and ensure that any complaint is investigated thoroughly before any action is taken. Do not be tempted to discipline employees at the event itself. Send the employee(s) home, if appropriate, and deal with the incident when you are back at the office and sober
  • Think carefully about the entertainment you choose to ensure it is not offensive
  • Think about how you can avoid absenteeism on the following morning. Perhaps you could provide breakfast to encourage staff to come in on time. Or maybe staff can draw lots for staggered start times
  • Limit the amount of free alcohol you provide, maybe issue 3 vouchers for alcoholic drinks and then unlimited soft drinks
  • Keep an eye out for employees under 18, they are not allowed alcohol under law
  • Have a senior manager present who volunteers not to drink and can monitor events and intervene if things start to get out of hand
  • Limit your own alcohol intake; you don’t want to be offering pay rises or promotions!
  • Provide food regularly, maybe cakes in the afternoon followed by a buffet or meal later in the day. Check beforehand any special dietary requirements, remember some religions do not allow certain foods
  • Do not let employees drive home drunk. Suggest a finish time for the event and ask staff to plan their journeys home and order taxis in advance

It is advisable to set the parameters early on to avoid there being any confusion and remind your employees of the implications if their actions are unacceptable.If you would any advice or help with the implementation/review of an Employee
Conduct policy or would like to make a comment about this newsletter please email us at:julie.ware@peoplebusiness.co.uk or call us on 01932 874944.