Page 12 - December 2020

THE VIRUS THAT STOLE CHRISTMAS

by Kevin McNerny, Barrister & DLP Trainer

AS AN EMPLOYMENT system has gaps, and you could very well fall
Lawyer, Christmas is my foul to these if you do not pay careful attention
favourite time of year; to your particular area’s requirements. Add to
so many cases arise that the fact that between now and mid-to-late
from having a few December, when many functions take place, we
too many could see changes in where these Tiers are
Jägerbombs at applied, whether more Tiers are added, and
Christmas parties. what the restrictions are in any particular Tier.
Yet this year, I Put all that together, and you have the potential
think Mrs for a very fast-moving situation which may lead
McNerney will have to your business function becoming illegal or
to order a smaller against advice the day before it is due to take
turkey in anticipation of a place, or even the very day it is scheduled.
drastic decrease in work in the 3. This one has nothing to do with COVID. If it is
New Year.The much looked forward to Christmas an employer arranged event, the starting point
party will either not take place or be reduced to a in any liability in Employment Law is that
shadow of its former self. If you do decide to do whatever happens in Las Vegas, definitely does
something, then the following will be of use to you— not stay in Las Vegas. It instead comes back to
1. Make sure that whatever you are planning is in haunt the employer. Anything from providing
alignment with the law and ‘advice’. Yes, there is free alcohol, being irresponsible as to food
a difference. Many things are advisory only hygiene, to not providing proper security can all
during this pandemic. In England, for example, be laid at the feet of a poor employer who
travel in and out of Tier 3 areas is, according to organised an event to give staff a decent night
‘advice’, to be avoided when possible.The advice out and to thank them for their hard work
goes on to suggest that people should only throughout the year.The number of sexual
travel for educational, work or care purposes. harassment claims from these sort of events is
Contrast that with the law relating to self- on the rise.
isolation when you’re contacted by Track &
Trace (see attached statutory instrument).This SO THEN WHAT CAN AN EMPLOYER DO IN THESE
is classic law being made by delegated STRANGE TIMES?
legislation and, as you can see in the attachment, Increasingly, I have seen employers offering a
allows for conviction and the imposition of Christmas ‘do’ well into the New Year, many of these
fines.The key difference being that with advice, are even at lunchtime.This has the benefit of still
there is the possibility of assessing your own risk making staff feel rewarded well in advance of
and then acting contrary to the advice without Christmas, while also ensuring alcohol consumption
being subjected to criminal or civil penalties. is moderated. A more curmudgeonly route is a
2. Make sure you match your locality demands voucher and to let the staff organise it themselves. At
with whatever you are planning.The Tier least with that last option, there is a chance the
Image: Volodymyr Hryshchenko via Unsplash

9 D L P . O R G . U K