Redundancy

I Have Been Accused Of Misconduct At My Work Christmas Party – Can I Be Disciplined?

Please fill in your details below for a free, no obligation, callback.

17Jan

Written by Kate Key. Posted in Blog

We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore often advise clients facing disciplinary proceedings. This can include facing allegations following social events such as 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.

I Have Been Accused Of Misconduct At My Work Christmas Party – Can I Be Disciplined?

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. It is easy to think that, as you are outside your work premises, 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 are therefore often referred to as “extensions of the workplace”.

Common examples of how such incidents can be treated as misconduct issues at work include:

  • The conduct breaches the employer’s policies.
  • The conduct is between two colleagues and has had a negative impact on the working dynamic (or has the potential to).
  • The conduct brings (or could bring) the employer into disrepute and/or damage their reputation.

Here at Lincs Law Employment Solicitors, we advise many clients in relation to disciplinary allegations that occurred during a work Christmas party. This includes:

  • An employee making sexual comments to a female colleague.
  • An employee punching bar staff which was alleged to have damaged their employer’s reputation.
  • An employee threatening violence towards a stranger which was overheard by a client.
  • An employee placing their hand on a colleague’s lower back whilst on the dance floor.

Importantly, if you are facing disciplinary allegations for something that happened at your work Christmas party,  your employer should clearly explain how/why your actions are being treated as a disciplinary matter. If your actions do not pertain to the employment relationship or affect your employment in some way, the disciplinary proceedings could be challenged accordingly.

If you are facing disciplinary action, please do therefore 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.

Can I Be Dismissed For Misconduct At My Work Christmas Party?

The short answer is yes, you can.

As above, if allegations have been made against you following your work Christmas party, your employer could start disciplinary action against you.

To explain, your employer should follow their own disciplinary procedure and, in any event, the ACAS Code on Disciplinaries and Grievances. Essentially, they should:

  • Inform you about the allegations against you;
  • Investigate the allegations to establish the facts of the case. This may, or may not, include holding an investigation meeting with you (for more information about this, please see here – https://lincslaw.co.uk/blog/i-have-been-invited-to-a-disciplinary-investigation-meeting-what-should-i-say/);
  • Decide if there is a disciplinary case to answer;
  • If there is no disciplinary case to answer, no further action should be taken. If there is a disciplinary case to answer, they should notify you of a disciplinary hearing;
  • Before any disciplinary hearing, provide you with sufficient information about the alleged misconduct and explain the possible outcomes of the disciplinary hearing;
  • Allow you to be accompanied at the disciplinary hearing (for more information about this, please see our blog here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/ ) ; and
  • Decide on the appropriate action and confirm the outcome in writing; and
  • Provide you with an opportunity to appeal the outcome.

The disciplinary process could result in you being dismissed from your employment. This will very much depend on your actions and personal circumstances. Your employer could decide that your actions are so serious they constitute gross misconduct and warrant summary dismissal (i.e., without notice). This could be the case even if you have a completely clear disciplinary record. Your employer may still consider your actions are sufficiently serious to break the employment relationship.

Alternatively, you may already have a live warning or disciplinary sanction on your record. In such circumstances, even if your current actions are not gross misconduct, your disciplinary record could push any disciplinary sanction to dismissal.

However, whilst it may be reasonable to be dismissed for conduct at a work Christmas party, this is not always the case. Here at Lincs Law Employment Solicitors, we have assisted many clients who have been unfairly disciplined or even dismissed for allegations made at their work Christmas party.  If you are facing disciplinary action, please do therefore 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.

I Have Been Dismissed For Misconduct At My Work Christmas Party – What Should I Do?

If you are dismissed from your employment, you should be afforded the opportunity to appeal the decision. If you disagree with your dismissal, it is important you submit a robust appeal.  For more information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/

I Have Been Dismissed For Misconduct At My Work Christmas Party – Do I Have An Unfair Dismissal Claim?

The answer is, again, potentially yes!

Generally, you need at least two years’ continuous service with your employer to bring a claim of Unfair Dismissal at the Employment Tribunal. There are, however, limited exceptions to this rule. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/unfair-dismissal-less-than-two-years-service/

If you have at least two years’ continuous service with your employer or one of the exceptions (as above) applies, you may have a potential claim for Unfair Dismissal in the Employment Tribunal.

Importantly, if you have been dismissed from your employment and you wish to pursue a claim in the Employment Tribunal, it is very important that you are aware of the relevant time limits.

You must start the Employment Tribunal process within three months (less one day) of the date of your dismissal. You start the Employment Tribunal process by initiating ACAS Early Conciliation. More information about ACAS Early Conciliation can be found here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/

Here at Lincs Law Employment Solicitors, we are a specialist boutique employment law practice. We would therefore be delighted to provide detailed advice and assistance in relation to your situation. We are here to help. By providing you with advice about your situation and by setting out your options clearly, we can help you regain some control over your workplace issues and make informed decisions about how you want to go forward.  Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512. 

Lincs Law Employment Solicitors Can Help You

Here at Lincs Law Employment Solicitors, we often advise clients who are facing disciplinary allegations or who have, unfortunately, been dismissed from their employment. We understand that such circumstances can have a devastating effect on you and your family. 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.

Also, for more information about disciplinary processes, please see my other blogs here:

Kate Key

Specialist Employment Solicitor

Lincs Law Employment Solicitors

Tags: