Lawyers warn of £10,000 fines for festive faux-pas

Lawyers warn of £10,000 fines for festive faux-pas

And with hundreds of extra Islanders expected to be out in town during the upcoming Friday and Saturday nights, extra States police officers are due to be on patrol. Friday 20 December is colloquially known as Mad Friday or Black Eye Friday and is one of the most notorious drinking days of the year.

At least five people were assaulted last weekend – including one woman who required hospital treatment – as they made their way home from nights out in town.

The force is also due to launch its annual Christmas drink-drive campaign next week – and a senior officer is urging drivers to think twice about getting behind the wheel the morning after a heavy night out.

And as thousands of Islanders prepare for work festive parties this week, lawyers are also urging employers and staff to be mindful of their behaviour.

Solicitor Lara Zambon for law firm Viberts said employers could face bills of up to £10,000 under discrimination laws – and could even land themselves in hot water if there is an incident between two colleagues.

‘People are more aware of the discrimination laws now. And the #MeToo movement has made everyone more aware of what is acceptable and what people cannot and should not do,’ she said.

Advice to companies includes:

  • Limiting ‘free bars’.
  • Introducing a Secret Santa policy to protect against dodgy gift-buying.
  • Nominating sober party-goers to keep tabs on others.
  • Not letting female members of staff leave work early to get ready for parties. Everyone or no-one has this perk.
  • Not making alcohol-encouraged promises to staff.

Ms Zambon added: ‘We don’t see a rise in employment tribunal cases because matters are likely to be dealt with behind closed doors, as neither the employer or employee are likely to want to publicise it so Christmas parties may lead to a spike in disciplinary hearings, keeping the HR teams busy.

‘Even when office parties are held outside work hours, employees are still in the “course of their employment” and should behave accordingly – and could be subjected to disciplinary action if they don’t. Employees can potentially find themselves personally liable for discriminatory behaviour with the introduction of the discrimination law on grounds of race, sex, etc.’

She added that firms could find themselves in trouble before the party has even started by allowing female members of staff to leave early to get ready.

And in a case in the UK, Ms Zambon said an employer was taken to a tribunal after a manager told an employee at a Christmas party that within two years he would earn as much as a colleague, which in effect meant that he would double his salary. When this did not happen, the employee complained to the employment tribunal. The case was eventually thrown out.

The solicitor added: ‘For employees, just because you are not at work does not mean you cannot be challenged about your conduct or behaviour and face disciplinary action including the ultimate sanction – being fired.’

Chief Inspector Craig Jackson of the States police said more officers were being deployed over the Christmas period ‘as is the norm every December’.

‘We deal with incidents within the night-time economy all year round but we recognise that there are more people and more festive events happening at this time so we are prepared in terms of officer numbers and deployment.

‘Our advice is as per usual – drink responsibly, plan your journey home, make sure your phone is charged, stay together and enjoy your night out safely.

‘Our drink-drive campaign starts on 18 December and one of the things to consider is how safe you are to drive the next morning. People often don’t take into account how long it takes for alcohol to leave their system and could pose a risk of being over the limit if they drive the next day.’

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