Tonight:
9°c
New Moon is nothing if not an international advertisement for the hungry virtues of virginity and young people can’t get enough of it
Some fares could fall by more than a third when Oyster is extended to every national rail station in London, it has emerged
More...
Bah Humbug! Now PC brigade target Christmas office party
Last updated at 23:52pm on 28.11.06
Pitfalls: The office Christmas party could get firms into legal trouble
Office Christmas parties face the axe after the Government's industrial relations watchdog warned bosses they face being sued for a raft of "politically correct" misdemeanours.
In an extraordinary advice pamphlet, Acas told firms they have a "duty of care" to drunken staff and could face crippling legal action if they do not get home safely.
More here:
• Acas dos and don'ts for the office Christmas party
Managers were also told age discrimination laws could be breached if the music and entertainment caters only for younger staff, and holding a raffle or giving out alcoholic prizes could offend Muslims.
Any member of staff who suffers "verbal abuse" for being gay could also sue - even if it takes place in the pub before the office party.
And Acas, a Government quango charged with settling industrial disputes, added a "proper risk assessment" must be carried out before any decorations are put up, particularly if they could be fire hazards.
Staff were cleared to display trees, tinsel and lights - but only because they are "secular" and "not inherently religious".
This, the advice note says, makes it "difficult to argue that they cause offence to non-Christians".
The guidance was last night branded "politically correct drivel", but firms said it was enough to put them off holding an official Christmas party.
Employment lawyers said they would also think twice about going ahead with a celebration, given the Acas warning.
Possible pitfalls include age discrimination laws, a raft of health and safety legislation and the Protection from Harassment Act. Damages could run to hundreds of thousands of pounds - enough to cripple a small business.
Matt Hardman, of the Forum of Private Business, said companies were cancelling formal Christmas parties.
He added: "They feel they are given unreasonable responsibility for employees who may have a mishap after over-indulging.
"The smaller the business, the more acutely aware they are of the consequences of being taken to an employment tribunal.
"It is not just a case of if they lose, but they are also less likely to have the resources needed to fight their case. The repercussions could be severe."
Acas's warning said managers would be in "hot water" if drunken staff do not get home safely.
This is because they have a "duty of care", under various health and safety laws, to all employees.
Scenarios could include stumbling out of the party drunk and falling over in the street, or getting knocked down.
They could also be liable if a worker injures himself driving home while drunk.
A spokesman for Acas said: "Many organisations find themselves in hot water over the Christmas season where seemingly harmless pranks or party ideas result in damages or tribunal claims."
Sarah Cleary, a regulatory lawyer at Irwin Mitchell solicitors, said there was a real risk to employers of legal action in front of an employment tribunal, which has the power to award damages worth hundreds of thousands of pounds in some cases.
"If there was no formal and proper supervision, and free alcohol was available to particularly the younger staff and someone got injured or seriously ill then there could potentially be a claim against the firm for personal injury and or a breach of Health and Safety regulations."
She added: "I think the ACAS suggestions are scary really and would put anyone off having an office party."
Factors which would make a firm more liable to action would include senior managers being present at the party, and an unlimited supply of free alcohol. Staff could also sue if they fall while on the premises where the party was being held, she added.
Acas said that, by following its advice, employers could argue they had all reasonable steps to protect their staff from harm.
These included providing plenty of food and soft drink, the number of taxi companies in the area and ensuring the event finishes while public transport is still running.
In a lengthy question & answer note, which it described as 'free advice' to employers, Acas covered a raft of other subjects.
Raffles to raise money for the company's social club should be approached with caution, as Muslims are forbidden from gambling. Care should also be taken not to offer alcohol or meat as prizes.
To avoid age discrimination claims, firms are told to "ensure there is a mix of music and that any organised entertainment takes account of all ages".
On verbal abuse, Acas warns employers are responsible for events which take place even outside of the official party in a local pub.
The pub, if staff are visiting prior to the event, is "an extension of work", so covered by all the usual discrimination laws.
It opens firms to the prospect of a harassment claim as a result of banter or abuse over which they have no control.
Ruth Lea, director of the Centre for Policy Studies and formerly of the Institute of Directors, said the advice was 'beyond parody'.
She added: "Acas is supposed to be a serious organisation with a serious job to do, so why is it making such a complete and utter fool of itself with such fatuous nonsense.
"They should be getting on with their job - which is to deal with serious abuse in the workplace - rather than interfering in people's lives and office Christmas parties."
Conservative MP Philip Davies said: "It seems Acas are setting themselves up as the most politically-correct killjoys of the year.
"There is not a shred of evidence that celebrating Christmas is offensive to religious groups, but still this left-wing clap nonsense continues to be peddled."
Mr Davies added: "To suggest that alcohol should not be given out as a raffle prize is taking things to absolutely ridiculous levels."
Law firm Peninsula said a survey of 5,000 managers had found three out of four fear their office Christmas party will lead to a tribunal claim.
Almost nine out of 10 said they had received complaints from employees about the bad behaviour of colleagues.
Earlier this month, a manager at a property firm won her claim for religious discrimination against her boss, who "humiliated" her at the company Christmas party after learning that she had converted to Islam.
Caroline Elgedawy, a £52,000-a-year head of business information and strategy at the Hanover Park group, was insulted by the chief executive in front of other directors because of her religion.
Reader views (13)
How more ridiculous can we get? I'd like to see this ACAS group go to India and ask them to ban Divali celebrations or Saudi Arabia and ask them to ban Eid celebration because these are offensive to Christians. Why doesn't ACAS just suggest that we all roll over and die and in that way no one will be sued because we'll all be dead.
- Ram Maharaj, Katy, TX USA
Make the most of Christmas because the "politicically correct" group will be trying to ban it sooner rather than later in fear of upsetting non-christains!
- Sue, East London
This morning a female colleague smiled at me across the office. I reacted to this utterly outrageous and provocative behaviour by immediately informing Human Resources, who advised me to call the Police and to prosecute the offender to the fullest extent the law allows. This I did. As she was dragged weeping from the premises by the coppers, I had a momentary twinge of regret. But one must stay resolute in the face of such brazen behaviour - indeed, behaviour that shook me to the core. Some may argue that this was nothing compared to what people have to face daily in places like, say, Baghdad or Darfur, but the principle remains. If people are allowed to smile at each other at work, where will it all end? Before you know it, spontaneous enjoyment or happiness may break out and that will never do. The sooner they ban all human emotion the better in my book.
- Mike Collins, London UK
I bet the ACAS office party is a real fun day!
- Roy Gilbert, Solihull, England
The term "politicically correct" is just common day term for communism and mind control. Until it is stopped, it will ruin and change everything in its way until we all think a like. I vote for banning political correctness from Britain, who's with me?
- Mark Ward, London, UK
How about we all take the rule, what goes on in the Chrismas party, stays in the Christmas party.... or all just stare at the wall not moving... just remember its not pc to have fun.
- Ben, London
Can someone please tell me why the advice on verbal abuse of gay colleagues is being lumped in with all the other 'killjoy' activities?
Banning alcohol at raffles, or claiming that playing pop music is age discrimination, is obvious nonsense and well open to mockery.
But anti-gay abuse from colleagues is wrong wherever it happens, and cracking down on it is a far cry from "political correctness gone mad". ACAS may be wrong on everything else, but don't please don't treat homophobia as "just a bit of fun".
- Tom, Tooting, London
Could somebody please tell me where I can buy my politicically correct bubble suit? The one where all thoughts are worked out for you and you feel all neutral and GREY about everything.
What is up with these people? Why do they have to infest every facet of our lives and turn it pc? More importantly, why do we let them?
- James, Rayleigh
More of this government eroding our cultural ways. One the one hand they bang on about protecting Bristish culture and on the other they do their damndest to remove this country's cultural ways. ACAS should be be sacked for this piece of damaging, pathetic advice. 'Season's Greetings' anyone? PAH!
- Isabel, Woking, England
This is really an indictment on the state of current society as promoted by New Labour. Everything goes if you want it that way.
- Robert, Hull, East Yorks.,
Our Christmas party wouldn't be the same without the drunken shennanigans and the next day's post-mortem and micky taking.
- Paul, London
What a sad observation or society that people cannot be responsible enough to look after themselves.
Every company I have worked at actually use the action of individuals at xmas parties to judge them!
So remember that when you at tempted to take the intern for some 'one-to-one' career advice!
- Stuart, Dunstable, UK
This is ridiculous. People should drink to the extent that they are responsible. It is not the company's fault if someone drinks to an excess and starts acting stupid.
It's about time people were made responsible for their own actions instead of blaming others.
- J Kaur, Kent
