At this time of year employment lawyers are often busy trying to cure legal hangovers caused at the office Christmas party. Paul Whitfield looks at some of the common causes and cures.

1. Sexual Harassment.

Without doubt this is the most common employment tribunal claim brought following office parties. The combination of alcohol and a more relaxed environment can lead to inappropriate comments and behaviour. Many sexual harassment employment tribunal claims are brought following office parties. We have also dealt with a claims arising out of inappropriate secret Santa gifts.

Employers will normally be liable for the conduct of its employees during an office party. This also applies to harassment on the grounds of age, religion, disability, race and sexual orientation.

Prevention is better than cure. Without being a humbug it is worth reminding employees in advance of party what sort of conduct is acceptable. Many employers have a “Social Events Policy” setting  out acceptable behaviour at events.

2. Alcohol.

The safest but also the most unrealistic policy would be to ban alcohol. Realistically, employers should be aware of the risks involved in providing alcohol to their employees and consider limiting the amount of free drinks. There have been cases in the past where an employer was found liable for facilitating the supply of alcohol to underage employees. Employment tribunal’s have also found employers partially to blame for the misconduct of their own employees when they have provided a free bar and encouraged excessive drinking.

Good practice would be to always have non-alcoholic drinks available and to have at least one manager present at the party to ensure no one overindulges to excess.

Employers should also consider providing transportation to and from the venue or at least provide taxi firm numbers to avoid the risk of any employees driving under the influence of alcohol.

If the party is a midweek party then it would also be worthwhile reminding employees that they are required to work the following day unless booked as holiday.

3. Social Media.

Everybody these days has a camera or a videocamera on their mobile phone. Smartphones mean employees can take photographs or video footage at the party and have it uploaded to Facebook or YouTube within minutes. This combined with alcohol can be a dangerous cocktail.  A number of employment tribunal claims have centred around unflattering pictures and videos and associated comments. We are aware of at least one case this Christmas where an employee’s tweets from the office party has led to their dismissal for gross misconduct.

This is a very difficult area to police and again may be worth covering in either a social media or social events policy.

The key, as with many things is to bear the risks in mind when planning the event and if necessary have a policy in place and remind the employees of that policy in advance.

Fox Whitfield have considerable experience in dealing with these sorts of hangovers but can also help you plan and draft any necessary policies.

Contact us on 0161 283 1276 or Paulw@foxwhitfield.com

Fox Whitfield, Didsbury based Law firm, opens two new offices

Paul Whitfield founded niche employment law practice, Fox Whitfield, in February 2010. Since then he has established a broad base of both employer and employee clients both locally and as far away as Kent, London, Lincolnshire and Edinburgh. What has been particularly encouraging is the huge number of those new clients that are from personal recommendations.

Fox Whitfield quickly established a strong reputation for providing practical and honest advice at a cost effective price. They seek to resolve issues by working with clients and their individual situations rather than simply advising on the legal position. As a result, many clients moved to Fox Whitfield after finding their proactive and open approach a refreshing change.

This approach has successfully resolved a wide range of matters from High Court Injunctions to compromise agreements, unfair dismissals to complex employment tribunal hearings.

With almost a hundred new clients, Fox Whitfield is undertaking a phase of growth and investment, including opening two new offices in Warrington and Lincolnshire.

Paul Whitfield explains “Rather than operating as a conventional law firm Fox Whitfield works in a modern and innovative way. Current technology means our lawyers work efficiently from satellite offices rather than being permanently based in one central office. Much of the physical infrastructure traditionally required by a law firm is no longer needed and the reduced office space and administration enables us to pass considerable savings on to clients without compromising on the quality of advice given.”

Peter Krick will lead the new Lincolnshire Office.

Peter qualified in 1985, and deals with all forms of employment law, he also deals with civil litigation matters. Peter was previously head of employment at a regional firm and as such brings a wealth of experience to Fox Whitfield.

Jill Shields is to head Fox Whitfield’s new Cheshire office, based in Warrington.

Prior to Fox Whitfield Jill ran her own Employment Law consultancy providing all aspects of employment law and HR advice. This included a monthly fixed fee employment law helpline service which will be continuing under Fox Whitfield.

Paul Whitfield is delighted to be welcoming two solicitors of such calibre. They will both be central to the continuing expansion of both the Firm’s reputation and size.

Fox Whitfield’s solicitors are always happy to speak to potential clients without charge about individual situations to see if it would be worth taking formal advice. Wherever possible we undertake work on either fixed or capped fees agreed up front so there is no surprise with unexpected costs.

Contact Paul; 0161 283 1276 paulw@foxwhitfield.com

Contact Jill; 01606 891933 jills@foxwhitfield.com

Contact Peter; 01522 702164 peterk@foxwhitfield.com

Fox Whitfield is regulated by the Solicitors Regulation Authority [Roll Number 524972]

Didsbury Magazine Reports New Employment Law Solicitors Fox Whitfield Launch

The July/August edition of the Didsbury Magazine and the Hale and Bowdon Magazine feature an article on the launch of FoxWhitfield.

We were delighted to be featured in this magazine which has helped our employment law solicitors firm, really get off the ground.

Follow the link to the article: DL July 2010

Or see the whole magazine here: Didsbury Magazine July | Aug 2010

Employment Law Solicitors Fox Whitfield has just successfully advised a number of employees facing High Court Injunctions.

A team of 15 employees were moving to a new employer when their ex-employer applied to the High Court for substantial damages against the key employees caused by the team move. They also applied for an injunction to prevent them joining their new employer for a 12 month period. The case was listed for a 10 day trial in the High Court before one of the Country’s leading employment judges.

After substantial work in a very short period of time employment law solicitors Fox Whitfield was able to settle the case without going to Court. The terms of settlement are confidential but Fox Whitfield was able to ensure the employees were freed from any injunction and able to join their new employer.

One employee said of Paul Whitfield:

“The incredible amount of midnight oil that you burnt has meant that we can now get on with our jobs and lives… I don’t believe any other solicitor would have worked as hard as you“.

Paul Whitfield has extensive experience of advising employees and employers on injunctions and restrictive covenants. That experience and our dedication to providing the best possible service to our clients enabled this fantastic result to be achieved.

Getting legal advice at the earliest possible stage in these cases is essential. Please contact Paul Whitfield at paulw@foxwhitfield.com if you have any questions.