We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore often assist clients facing disciplinary proceedings. This can include facing allegations in respect of being involved in an altercation or incident at their work Christmas party. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
Please note, this blog focuses on what to do if your employer has recently commenced disciplinary proceedings against you in relation to a fight / altercation at your work Christmas party. If you have been dismissed by your employer in these circumstances, you may find our blog here more helpful – I Have Been Dismissed For Fighting At My Work Christmas Party – What Should I Do Now? Do I Have An Unfair Dismissal Claim? – LincsLaw Employment Law Solicitors
Can I Be Disciplined For Fighting At My Work Christmas Party?
The short answer is yes, you can.
An employer will often organise a work Christmas party outside of the work premises. For example, at a bar, nightclub, restaurant, hotel or similar. As you are outside your work premises, it is easy to think that normal rules and expectations no longer apply. However, this is not the case. You could still face disciplinary action even if an incident took place outside of the workplace and/or outside your usual working hours.
To explain, conduct outside of work can result in disciplinary action if it relates to the course of your employment i.e., it pertains to the employment relationship and/or infringes your work. Work gatherings or parties, such as a Christmas party, are therefore often referred to as “extensions of the workplace”.
By way of example, being involved in a fight at your work Christmas party will likely be treated as a misconduct issue if:
- The conduct breaches your employer’s policies.
- The altercation was between colleagues and has had a negative impact on the working dynamic (or has the potential to).
- The conduct brings (or could bring) your employer into disrepute and/or damage their reputation.
Importantly, if you have been notified of disciplinary action being taken against you, your employer should inform you about the problem and tell you why your actions are being considered as potential misconduct (as below). If this is not explained, you should ask your employer for more information and clarification.
Here at Lincs Law Employment Solicitors, we often assist clients who are facing disciplinary action at work. Why not contact Lincs Law Employment Solicitors for a free, no obligation telephone consultation? Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
I Had A Fight At My Work Christmas Party And Now I Am Being Disciplined – What Should I Do?
If, after attending your work Christmas party, you have been alerted to possible disciplinary action commencing against you, try not to panic.
Firstly, your employer will need to decide whether matters can be dealt with informally (i.e., an informal chat) or whether more formal action is necessary. At this stage, the severity of your alleged misconduct will be considered by your employer. For example, the nature of the altercation, where the incident took place, who was involved and the possible impact of your alleged actions.
At this stage, you will therefore just need to await further communication from your employer.
The Investigation
If your employer decides they need to formally investigate your actions, they should follow their own disciplinary procedure (if they have one) and, in any event, follow the ACAS Code of Practice on Disciplinary and Grievance Procedures (“the ACAS Code”).
If you do not have a copy of your employer’s disciplinary procedure, ask for a copy! This will allow you to check your employer is following (and continues to follow) their own policy.
If your employer decides they need to start an investigation, they should appoint an Investigator. This person should not be otherwise involved in your case or related to the allegations in any way. If you have any concerns about the impartiality of the investigator, you should raise your concerns with your employer (ideally in writing) promptly. You should explain why they are unsuitable and, if possible, suggest someone else who would be more suitable in the circumstances.
During the investigation process, your employer will need to carry out all necessary investigations. This may include reviewing CCTV footage, obtaining witness evidence and holding an investigation meeting with you. For information about attending an investigation meeting, please see here – https://lincslaw.co.uk/blog/what-should-i-say-in-my-disciplinary-investigation-meeting-at-work/
You could be suspended during the investigation process. For more information about this matter, please see here – https://lincslaw.co.uk/blog/has-anyone-returned-to-work-after-being-suspended/
Importantly, the investigation process itself (including your investigation meeting) should not result in any disciplinary action.
Once the investigation process has concluded, your employer will need to decide whether there is a disciplinary case to answer based on the available evidence and your representations. If there is no disciplinary case to answer, no further action should be taken.
Disciplinary Hearing
If your employer considers there is a disciplinary case to answer, you should receive notification of a disciplinary hearing. You should also receive sufficient information about your alleged misconduct and copies of all relevant documentation (i.e., your employer’s investigation materials).
Your employer should also confirm the possible outcomes of the disciplinary hearing in the event the allegations are found proven i.e., what the possible disciplinary sanctions could be.
The possible disciplinary sanctions will, ultimately, depend on your personal circumstances and what you have allegedly done. However, importantly, fighting/violence can be deemed as gross misconduct. The ACAS Code of Practice on Disciplinaries and Grievances describes acts of gross misconduct as so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence.
If you have not been provided with clear details about the possible sanctions, the specific allegations against you or documentation is missing, ask your employer for it! It is very important you have copies of all available information and clarity about the allegations so you can defend yourself fully.
You should also be provided with information about your right to be accompanied. Please see here for more information about this – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/
Before any disciplinary hearing, you should take time to prepare as much as possible. Here at Lincs Law Employment Solicitors, we understand that attending a disciplinary hearing is, inevitably, very stressful and difficult. Therefore, we would always advise our clients to prepare a disciplinary statement in advance of their disciplinary hearing. This should clearly detail your response to the allegation(s) against you, provide any evidence to support your case and explain any other factors you would like the disciplinary manager to consider. For more information about this, please see here – https://lincslaw.co.uk/blog/employee-top-tips-for-a-disciplinary-hearing/ and https://lincslaw.co.uk/blog/disciplinary-hearing-statement/
Your employer will then need to decide whether the allegation(s) against you are proven. If they are not, no further action should be taken.
If the allegation(s) are proven, your employer will need to decide on an appropriate disciplinary sanction. The outcome of your disciplinary hearing should be confirmed to you in writing, and you should be given the opportunity to appeal.
Here at Lincs Law Employment Solicitors, we always hope our blogs are informative and can assist you in relation to your employment matter. However, why not contact the office for a free, no obligation consultation? Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we often advise clients who are facing disciplinary allegations. We understand this can be a very difficult and stressful time. As specialist employment solicitors, we would be delighted to help you.
Please contact Lincs Law Employment Solicitors for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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