Employer Party FAQs

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HR and Employment > Employer Party FAQs

Employer Party FAQs

Can we sack an employee for getting drunk at a Christmas party?

Any party you organise is likely to be counted as an extension of the workplace. So, if one of your employees does something bad at a Christmas party then you may be able to sack them for it. But, it’s unlikely that getting drunk will of itself amount to gross misconduct, so you probably won’t be able to fairly dismiss them. This is especially so if you’ve paid for their drinks.

Can I sack an employee if they’re hungover?

If you reasonably believe that they’re hungover and can’t do their job, you may be able to suspend them on health and safety grounds and then consider dismissing them depending on all the circumstances. But, if they’ve got drunk at one of your parties and their hangover is a result of this, it’s likely to be unreasonable for you to sack them. Afterall, you had a hand in their sickness.

Can we sack an employee for being ill at a Christmas party?

Any work’s party, including a Christmas party, is likely to be counted as an extension of your workplace. So, if an employee does something bad at your party, then you may be able to sack them for it. But it’s unlikely you’ll be able to fairly dismiss them just because they get ill, as it probably doesn’t amount to gross misconduct. This is especially the case if you have bought them the drinks.

Can we discipline an employee for taking a photo of a colleague being ill at a work’s party?

On the whole UK law doesn’t prevent someone taking a photo of someone else, whatever state they’re in. But, there are some exceptions to this. For example, if they’re in a place where they can reasonably expect a level of privacy, such as a toilet. So, you can’t generally do much about it unless your employee shouldn’t have taken the photo in the first place.  In that case you can take disciplinary action and may be able to dismiss them.

What can we do if one of our employees posts a photo online of a colleague being ill at a work’s party?

On the whole UK law doesn’t prevent someone taking a photo and posting it online. But, there are some exceptions to this.  For example, if the employee is in a place where they can expect a level of privacy, such as a toilet. So, you probably can’t do much if one of your employees posts a photo online, unless they shouldn’t have taken the photo in the first place. In that case you can take disciplinary action and may be able to dismiss them.

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