Detractors will say the office Christmas party has lost its fizz. No more the frisson of excitement about a Big Night Out with lashings of booze and lots of funny stories of quasi-inappropriate behaviour over the watercooler in the morning. Some might say more’s the pity. Don’t we all deserve to let our proverbial hair down once a year and really show our colleagues who we are, warts and all? A recent Times article took a wry look at when Christmas parties were actually fun. At last, an opportunity to flirt with the accountant you’ve had a soft spot for, for a while!
We’ve all heard about instances where things took a rather darker turn. Sexual assaults. We’ve seen this in our practice at didlaw. On one occasion, we acted for a young (straight) man who was date raped by his male boss, who had slipped Rohypnol in his drink. It’s no laughing matter when it gets that bad. We’ve acted for a woman who was sexually assaulted in full view of her work colleagues. It’s harrowing some of the stuff we hear and see. A woman was tied to a chair by two colleagues and assaulted. You cannot make this stuff up. It happens as astonishing as that seems.
So where is the line? What are employees to do? How do you ensure that your Christmas party goes off well and you do not end up in front of a disciplinary panel facing sanctions that could be as bad as being dismissed for misconduct?
- If you are a person who cannot handle alcohol, then either abstain from drinking or do not go to the party. It’s that simple. You cannot take the risk if you cannot control yourself.
- Don’t leave your drink unattended at any time. If you happen to be among colleagues who are not what you think they are, they could take advantage of you.
- Plan your journey home. If you are going to drink, don’t take the tube or a minicab.
- Ask a work buddy to keep an eye on you, and do likewise for them. Keep one another accountable.
- If you hate your boss, avoid them like the plague at the do. That way, it won’t slip out without you meaning to say it.
I’m not joking here. This is no joking matter. Yes, you are allowed to have fun, but if you have a previous form of making a fool of yourself, of being inclined to disinhibition when drinking, think about it. If you are taking prescription medication that interacts with alcohol, be even more careful.
Of course, your work Christmas party might not revolve around alcohol at all. Back in the day, everyone drank. This is no longer the case. Perhaps the Big Night Out would be better converted into a lunch where the focus is on food. The party animals can carry on after if they so choose, still with an awareness that if it is a work event, their conduct will be scrutinised.
It all sounds a bit dull, but these days work and play are not a happy mix, and if you want to be able to pay the mortgage, care may be needed.
If you do get yourself into bother, the first thing to do is to show contrition. Depending on the severity of the misconduct, this might get you a long way. If something more sinister is in play, then for sure take legal advice before any investigation or process gets underway. Be ahead of the problem. Better still, don’t be the problem.
This blog was written by Manuela de Castro, Senior Solicitor at didlaw.
