Page 15 - December 2020

a laugh’. Bhara’s dismissal on the basis of gross
misconduct for bringing Ikea into disrepute was
held as fair by the tribunal as it fell into a reasonable Image: via MaxPixel.com
range of responses by any likely employer and
followed genuine belief from fair investigation.

ONLINE EVENTS allowed. Include the reasons why and that the

We are frequently asked that if a work party takes company cannot be held responsible for any
place online and staff are getting drunk, being gatherings that take place without their
discriminatory, getting together in breach of social knowledge or authorisation even if they are in
distancing, taking drugs prior to the party or the name of the company
committing other company breaches, then how far • If you are holding an online event, ensure that
can company liability be taken, especially when these there is a clear distinction between a social event
acts are taking place within an employee’s own and a work event—how the invite is worded,
home? Whilst there are no cases on these exact who is paying for it, the activity and date and
issues as yet, the best advice is that it is likely the time together with other factors will help
previous decisions based on the nature of the job, the determine this. If it is a work event, ensure
connection to work, and the reasonableness of any banter does not become discriminatory, that
process or action will be considered. Companies competition when playing games does not get
planning to deliver loads of alcohol to employees’ out of hand and that no one is missed out on
homes and encouraging them to drink it at an online with all staff being treated equally.
party could be held liable for such behaviour even if • No party for management, unfortunately.
committed in employee’s homes—despite being Management is likely to be held liable for any
away from the workplace and are not in the same issues they start or are found to be involved in.
location as one another. For these reasons, it is strongly advised that
management not participate in the party, but
TOP TIPS FOR EMPLOYERS instead act as monitors of other staff.
• Make sure whether you are allowed physical • Make sure to take complaints seriously. If you
gatherings. COVID has changed many things, receive any complaints after a party or work
and even the rules applied during the pandemic event, do not dismiss it out of hand on the basis
are continually shifting on a localised basis. Stay that it was not inside of work or that everyone
tuned to what you can and cannot do. Breaches attended of their own free will—case law has
of any of these rules may not only lead to fines shown that is not going to work. Full
and convictions for an organisation but could investigations are necessary, and they are time
also lead to issues relating to whistleblowing. well spent.
• If you are not allowed to have a physical
gathering, then it is worth sending out a memo
to all staff mentioning that these are not

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