Q: We often organise social events to celebrate business successes and I understand that they are an extension of the working day. How do I ensure that the behaviour of employees and management is controlled? If an employee ends up in trouble or if a fellow worker makes a formal complaint, do I have the right to discipline the individual even though their behaviour takes place outside of the workplace?
A: You are right in thinking that work-related social events are often classified by a tribunal as an extension of the working day, particularly when the event has been organised by the employer.
In order to keep problems to a minimum, you should lay down rules regarding standards of behaviour at events that take place outside of the working arena. It is perfectly acceptable to place rules on staff for these events because they may still be seen as representing the company. This can be as part of your normal workplace rules and expectations and does not need to be set down in a separate policy. Standards of behaviour will apply as a constant where work is concerned and you can simply incorporate reference to work events into any policy you have on behaviour. Make sure your staff are aware of the policy.
From a duty of care perspective, consider all elements to the event. For example, is a free bar a good idea? It may encourage excessive alcohol consumption. An eye may need to be kept on younger staff who are not used to drinking or being out late, and it might be advisable to have one or two members of management who are designated non-drinkers to keep a watchful eye over the festivities.
Not only do you need to consider what happens at the event, but also what happens when it ends. Try to arrange a special deal with a local hotel for your staff to stay over on the night of the party to avoid potential drinkers and drivers. Alternatively, lay on taxis for your staff to get home or at least hand out taxi numbers.
If someone does breach the rules, then you may deal with it in the same way as you would a breach of rules during the working day. Allegations of bullying or harassment should be taken seriously and any offenders should be dealt it. It is not advisable to consider that it is not your problem because the behaviour took place off premises.
Peter Done is managing director of law firm Peninsula
