Firms warned of legal liability over Christmas party harassment

Employers have been warned that they can be held liable for sexual harassment or bullying incidents that occur at the office …

Employers have been warned that they can be held liable for sexual harassment or bullying incidents that occur at the office Christmas party.

ISME, the small and medium enterprises association, has warned employers that they could face a liability even if the parties are held off-site.

Jim Curran, ISME's head of research, advised all employers to ensure that they had detailed policies in place to deal with harassment or bullying issues that may arise.

He said employers should let staff know that bullying and harassment policies applied to events outside the routine working day and that normal disciplinary procedures would be applied.

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Last year, a survey of 3,500 British businesses by Peninsula Business Services found that 89 per cent of employers had received a harassment complaint after a work party.

In 2002, the Office of the Director of Equality Investigations awarded €5,000 to a former care attendant against the then north eastern health board after he had been dismissed following his complaint of harassment at the office Christmas party.

The director of equality investigations heard that the health board failed to investigate the complaint that the worker, who is a Traveller, had suffered harassment at a Christmas party. The health board said it had not taken action over the alleged name-calling incident because it had occurred outside the workplace.

Mr Curran said employers must have detailed policies in place and must follow them carefully. "In the event of a legal action, that is the company's defence," he said.

Mr Curran also stressed the need to process any complaints in a confidential manner.

"Bullying and harassment are very important business issues," he said. Not only did they affect individuals, but they also affected staff turnover and morale.

He also recommended that companies conduct "exit" interviews to ascertain the reasons for staff leaving the company.

Ways of preventing bullying and harassment in the workplace will be discussed today at an ISME employment law training seminar at the Red Cow Moran Hotel.

Alison Healy

Alison Healy

Alison Healy is a contributor to The Irish Times